Comparison of Constitution

VISIONIAS
23
www.visionias.in
www.visionias.wordpress.com
COMPARISON OF THE INDIAN CONSTITUTIONAL SCHEME WITH THAT OF

OTHER COUNTRIES
Revised Value Addition Material
Contents
1] Comparison Scheme .....................................................................................................................................................4
2] British Constitution.......................................................................................................................................................4
2.1 Salient Features ...........................................................................................................................................................4
2.1.1 Unwritten ................................................................................................................................................................... 4
2.1.2 Evolutionary ............................................................................................................................................................... 4
2.1.3 Flexibility .................................................................................................................................................................... 4
2.1.4 Unitary vs. Federal Features....................................................................................................................................... 4
2.1.5 Parliamentary Executive............................................................................................................................................. 5
2.1.6 Sovereignty of Parliament .......................................................................................................................................... 5
2.1.7 Role of Conventions .................................................................................................................................................... 5
2.1.8 Rule of Law ................................................................................................................................................................. 5
2.1.9 Independence of Judiciary .......................................................................................................................................... 6
2.2 Organs of the State ......................................................................................................................................................6
2.2.1 Executive .................................................................................................................................................................... 6
2.2.2 Legislature .................................................................................................................................................................. 8
2.2.3 Judiciary ................................................................................................................................................................... 11
3] Constitution of the United States of America ............................................................................................................. 12
3.1 Salient Features .........................................................................................................................................................12
3.1.1 Nature of the Constitution ....................................................................................................................................... 12
3.1.2 Nature of Federalism ................................................................................................................................................ 12
3.1.3 Form of Government ................................................................................................................................................ 13
3.2 President ...................................................................................................................................................................13
3.2.1 Qualification ............................................................................................................................................................. 13
3.2.2 Election of the President .......................................................................................................................................... 13
3.2.3 Functions of the President of USA ............................................................................................................................ 14
3.2.4 Legislative Proposals ................................................................................................................................................ 14
3.2.5 Date of Retirement and Oath ................................................................................................................................... 15
3.2.6 Primaries .................................................................................................................................................................. 15
3.2.7 Impeachment of the President of USA ..................................................................................................................... 15
3.3 Vice President ............................................................................................................................................................16
3.3.1 Election of Vice President ......................................................................................................................................... 16
3.3.2 Tenure of a Vice President as a President ................................................................................................................ 16
3.3.3 Functions of the Vice President of USA .................................................................................................................... 16
3.4 US Legislature/US Congress.......................................................................................................................................16
3.4.1 House of Representatives ......................................................................................................................................... 16
3.4.2 Senate ...................................................................................................................................................................... 16
3.5 Committee System in USA .........................................................................................................................................16
3.6 Duration of Representative bodies at the Centre ..................................................................................................... 16
3.6.1 US ............................................................................................................................................................................. 16
3.6.2 India ......................................................................................................................................................................... 17
www.visionias.in
Vision IAS
3.7 Doctrine of Separation of Power and the System of Checks and Balances ...............................................................17
3.7.1 US ............................................................................................................................................................................. 17
3.7.2 India ......................................................................................................................................................................... 17
3.7.3 Checks and Balances ................................................................................................................................................ 17
3.8 Fundamental Rights ...................................................................................................................................................18
3.9 Distribution of Legislative Power...............................................................................................................................19
3.9.1 India ......................................................................................................................................................................... 19
3.9.2 US ............................................................................................................................................................................. 19
3.10 Emergency and Suspension of Writs .......................................................................................................................19
3.11 Judiciary ...................................................................................................................................................................19
3.12 Amendment of the Constitution .............................................................................................................................20
4] Chinese Constitution .................................................................................................................................................. 20
gm
ai
l.
co
m
4.1 Salient Features of the Constitution..........................................................................................................................20

4.1.1 Preamble .................................................................................................................................................................. 20
4.1.2 Nature of Constitution.............................................................................................................................................. 20
4.1.3 Basic Principles ......................................................................................................................................................... 21
4.1.4 Unitary System ......................................................................................................................................................... 21
4.1.5 Democratic Centralism ............................................................................................................................................. 21
4.1.6 One Party System ..................................................................................................................................................... 21
4.1.7 Legislature ................................................................................................................................................................ 21
4.1.8 Executive .................................................................................................................................................................. 23
4.1.9 Judiciary ................................................................................................................................................................... 23
4.1.10 Central Military Commission .................................................................................................................................. 23
4.1.11 Rights and Duties ................................................................................................................................................... 23
4.1.12 Communist Party of China...................................................................................................................................... 24
ith
5] French Constitution .................................................................................................................................................... 25
ed
fo
rA
je
et
Ya
da
v(
az
ye
5.1 Introduction...............................................................................................................................................................25
5.2 President ...................................................................................................................................................................25
5.3 The Legislature ..........................................................................................................................................................26
5.3.1 National Assembly.................................................................................................................................................... 26
5.3.2 The Senate ................................................................................................................................................................ 26
5.4 Prominent Features of the French Constitution........................................................................................................ 26
5.5 Amendment of the Constitution ...............................................................................................................................27
on
al
is
6] Germanys Constitution .............................................................................................................................................. 27
is
do
cu
en
ti
s
pe
rs

6.1.1 Chancellors Democracy ........................................................................................................................................... 27
6.1.2 Cabinet Principle ...................................................................................................................................................... 27
6.1.3 Constructive Vote of No-Confidence ........................................................................................................................ 27
6.1.4 Parliament ................................................................................................................................................................ 27
Th
7] Constitution of Japan.................................................................................................................................................. 29
8] Constitution of Canada ............................................................................................................................................... 29
8.1.1 Constitutional Monarchy .......................................................................................................................................... 29
8.1.2 Parliamentary Government...................................................................................................................................... 29
8.1.3 Federalism ................................................................................................................................................................ 30
8.1.4 Judiciary ................................................................................................................................................................... 30
8.1.5 Rights ....................................................................................................................................................................... 31
9] Constitution of Australia............................................................................................................................................. 31
9.1.1 Form of Government ................................................................................................................................................ 31
www.visionias.in
Vision IAS
9.1.2 Nature of the Constitution ....................................................................................................................................... 31

9.1.3 Parliament ................................................................................................................................................................ 32
9.1.4 Nature of Elections ................................................................................................................................................... 32
9.1.5 Voting ....................................................................................................................................................................... 32
9.1.6 Relations between Levels of Government ................................................................................................................ 32
10] Constitution of Switzerland ...................................................................................................................................... 33
11] Features-wise Constitutional Comparison Scheme ................................................................................................... 33
Th
is
do
cu
en
ti
s
pe
rs
on
al
is
ed
fo
rA
je
et
Ya
da
v(
az
ye
ith
gm
ai
l.
co
m
11.1 The Preamble ..........................................................................................................................................................33

11.2 Written Constitution ...............................................................................................................................................33
11.3 Nominal Head ..........................................................................................................................................................33
11.4 Cabinet System ........................................................................................................................................................33
11.5 Bicameral System of Parliament..............................................................................................................................34
11.6 Concept of Lower House being more Powerful ......................................................................................................34
11.7 Speaker in the Lower House ....................................................................................................................................34
11.8 Judiciary Adaptations ..............................................................................................................................................34
11.8.1 Concept of Supreme Court ..................................................................................................................................... 34
11.8.2 Laws on which Supreme Court Function ................................................................................................................ 34
11.8.3 Independence of Judiciary and Judicial Review ...................................................................................................... 35
11.8.4 Method of removal of Supreme/High Court Judges ............................................................................................... 35
11.9 Fundamental Rights .................................................................................................................................................35
11.9.1 Suspension of Fundamental Rights during Emergency .......................................................................................... 35
11.10 Fundamental Duties ..............................................................................................................................................36
11.11 Scheme of Federation ...........................................................................................................................................36
11.12 Freedom of Trade and Commerce ........................................................................................................................37
11.13 Directive Principles of State Policy ........................................................................................................................37
11.14 Election of Members by the President ..................................................................................................................37
Copyright by Vision IAS

All rights are reserved. No part of this document may be reproduced, stored in a retrieval system or
transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise,
without prior permission of Vision IAS
3
www.visionias.in
Vision IAS
1] Comparison Scheme
Our discussion on Comparison of the Indian Constitutional Scheme with that of Other Countries would center
around two main pivots:
1) Brief knowledge of the Constitution of various countries, deemed important owing to their current
status or the fact that the Indian Constitution draws implicitly or explicitly from them.
2) Comparison drawn vis-a-vis features of the Constitution (for example: Fundamental Rights, DPSPs,
Federalism et al)
2] British Constitution
2.1 Salient Features
2.1.1 Unwritten
One of the most important features of the British constitution is its unwritten character. There is no such thing
as a written, precise and compact document, which may be called as the British constitution.
The main reason for this is that it is based on conventions and political traditions, which have not been laid down
in any document, unlike a written constitution, which is usually a product of a constituent assembly.
Indian Constitution, in comparison, is the lengthiest written constitution in the world.
2.1.2 Evolutionary
co
m
The British constitution is a specimen of evolutionary development. It was never framed by any constituent
assembly. It has an unbroken continuity of development over a period of more than a thousand years. It is said
that the British Constitution is a product of wisdom and chance.
v(
az
ye
ith
gm
ai
l.
The Indian Constitution has certain similarities as well as differences on this particular aspect. It differs from the
British Constitution to the extent that it is a written document and has well defined provisions. However, it too is
open to evolution, given that the provision of amendment is kept such, so as to allow for the Constitution to
evolve according to the need and sensibilities of the time.
da
2.1.3 Flexibility
on
al
is
ed
fo
rA
je
et
Ya
The British constitution is a classic example of a flexible constitution. It can be passed, amended and repealed by
a Simple Majority (50% of the members present and voting) of the Parliament, since no distinction is made
between a constitutional law and an ordinary law. Both are treated alike. The element of flexibility has provided
the virtue of adaptability and adjustability to the British constitution. This quality has enabled it to grow with
needs of the time.
en
ti
s
pe
rs
Indian Constitution, in contrast, is both flexible as well as rigid. This compliments the basic ideology of the Indian
Constitution quite well, wherein certain features like Sovereignty, Secularism, and Republic et al have been held
sacrosanct, but otherwise the Constitution lends itself to amendability.
do
cu
2.1.4 Unitary vs. Federal Features
Th
is
The British constitution has a unitary character as opposed to a federal one. All powers of the government are
vested in the British Parliament, which is a sovereign body. Executive organs of the state are subordinate to the
Parliament, exercise delegated powers and are answerable to it. There is only one legislature. England, Scotland,
Wales etc. are administrative units and not politically autonomous units.
The Indian Constitution, on the other hand, is federal.
Unitary
Federal
Confederation
All power lies with the Centre
Powers
for
Provincial Units come together and form the state.
Government comes from the
Constitution.
Centre delegates power to the Example: India
Real power with the units.
provincial government.
Example: Britain
Opposite to Unitary
Example: EU, USA
4
www.visionias.in
Vision IAS
2.1.5 Parliamentary Executive

This is one important similarity between the British and the Indian Constitution. (In addition to the
Sovereignty of Parliament)
Britain has a Parliamentary form of government. The King, who is sovereign, has been deprived of all his powers
and authority. The real functionaries are Ministers, who belong to the majority party in the Parliament and
remain in office as long as they retain its confidence.
The Prime Minister and his Ministers are responsible to the legislature for their acts and policies. In this system,
the executive and legislature are not separated, as in the Presidential form of government
2.1.6 Sovereignty of Parliament

The term Sovereignty means Supreme Power. A very important feature of the British constitution is sovereignty
of the British Parliament (a written constitution being absent).
The British Parliament is the only legislative body in the country with unfettered power of legislation. It can
make, amend or repeal any law.
Though in Indias case, we have legislature at state level too, yet the law making power of the Indian Parliament
roughly corresponds to that of the British Parliament.
The courts have no power to question the validity of the laws passed by the British Parliament. The British
Parliament may amend the constitution on its own authority, like an ordinary law of the land. It can make illegal
what is legal and legalize what is illegal.
co
m
Here, there is a marked difference, vis--vis the power of Indian Judiciary to keep a tab on the legality of the law
framed. Also, the Basic Structure doctrine, lends the Indian Judiciary further power to question the legality of
the law, in light of the fact that the Supreme Court of India is the highest interpreter of the Constitution of India.
gm
ai
l.
2.1.7 Role of Conventions
ye
ith
Conventions are known as unwritten maxims (rules) of the Constitution. They provide flexibility and avoid
amendments.
rA
je
et
Ya
da
v(
az
Most constitutions of the world have conventions. A necessary corollary to the unwritten character of the British
constitution is that conventions play a very vital role in the British political system. For example, while the Queen
has the prerogative to refuse assent to a measure passed by the British Parliament, but by convention, she
doesnt do so and the same has become a principle of the constitution itself.
ed
fo
However, the legal status of conventions is subordinate to the written law.
al
is
2.1.8 Rule of Law
en
ti
s
pe
rs
on
Another important feature of the British constitution is the Rule of Law. Constitutionalism or limited government
is the essence of Rule of Law. This checks the arbitrary action on part of the Executive. According to Dicey, there
are three principles of Rule of Law, found in Britain:
Th
is
do
cu
Protection from arbitrary arrest and the opportunity to defend oneself.

Equality before Law: All persons are equal before law, irrespective of their position or rank. Equality
before Law is different from the concept of Administrative Law, which gives immunity of various types to
public servants. In the absence of Constitution and Fundamental Rights in Britain, the judiciary protects
this law. So this system is called as the Principle of Common Laws (in USA Principle of Natural Law; in
India Maneka Gandhi case).
The rights of people in Britain are guaranteed by the judiciary. The Judiciary gives recognition to the
common laws. Thus, the people in Britain enjoy rights, even in the absence of a Bill of Rights or
Fundamental Rights.
However it has been seen that Rule of Law isnt practiced in its real sense.
Several reasons are attributed for it:
1. Growth of Administrative Law
2. Growth of Delegated Legislation
3. Internal and External Emergencies
These developments have been termed as New Despotism.
www.visionias.in
5
Vision IAS
New Despotism: it is defined as prevalence of conditions wherein Bureaucrats enjoy disproportionate power, in
spite of a democratic system being in place. Consequently, the term New Despots is used for bureaucrats, who
enjoy a lot of power even in a democratic country.
2.1.9 Independence of Judiciary

The Rule of Law in Britain is safeguarded by the provision that judges can only be removed from office for
serious misbehavior and according to a procedure requiring the consent of both the Houses of Parliament. So,
the judges are able to give their judgments without any fear or favor.
The same has been adopted in India, where independence of Judiciary is hailed as an unmistakable part of the
Constitution (one of the features of the Basic Structure doctrine).
2.2 Organs of the State

2.2.1 Executive
The Executive in Britain is called as Crown. Earlier, the Crown symbolized King. Now, the King is part of the
Crown.
The Crown, as an institution, consists of the following:
King
Prime Minister
Council of Ministers (CoM)
Permanent Executive, the Civil Servants
Privy Council
co
m
Crown: King is dead. Long live the King.
ye
ith
gm
ai
l.
In Britain, initially all power lied with the King. Later on, power shifted out of the institution of the King to the
institution of CoM headed by the P.M., Permanent Executive and the Privy Council etc. Today, the Crown
comprises of all these institutions. Hence, the first part of the statement describes the King as a person, while
the second part describes the King or Crown as an institution.
v(
az
Nature of Monarchy
al
is
ed
fo
rA
je
et
Ya
da
Britain has a constitutional monarchy and a constitutional monarchy is not incompatible with democracy. This is
because essentially the powers of the monarch as head of the state - currently Queen Elizabeth II - are
ceremonial. The most important practical power is the choice of the Member of Parliament to form a
government, but invariably the monarch follows the convention that this opportunity is granted to the leader of
the political party or coalition, which has majority in the House of Commons.
pe
rs
on
Despite its lack of real power, the monarchy still have several important roles to play in contemporary Britain.
These include:
Th
is
do
cu
en
ti
s
Representing UK at home and abroad

Settings standards of citizenship and family life
Uniting people despite differences
Allegiance of the armed forces
Maintaining continuity of British traditions
Preserving a Christian morality
In addition, consider the following:
Parliamentary system requires two heads:

o First head, as head of the state. He represents the nation and provides continuity to the
administration.
o Second head is the head of the government. He has real powers because the house has
confidence in the Prime Minister. The P.M. is the leader of the House. He represents the
majority of the House.
The institution of kingship is a source of psychological satisfaction. It is said that, with the King in the
Buckingham Palace, the Englishmen sleep peacefully in their houses.
www.visionias.in
Vision IAS
The King is of great help in critical times. He usually has a very long experience and can give valuable
advice in the interest of the country.
According to Bagehot, the King has three rights:
o Right to warn
o Right to encourage
o Right to be informed
Abolishing the kingship will require an elected head. An elected head, with no real powers, will have its
own set of problems.
In contrast, no provision of Monarchy exists in case of Indian Constitution. Indeed, holding of titles like King etc.
are forbidden as per Article 18, a Fundamental Right, thus emphasizing Equality of all Indian citizens.
British Prime Minister and the Council of Ministers
Britain has a Cabinet form of government. A cabinet is a plural or collegiate form of government. The power
doesnt lie in one person, but the entire Council of Ministers. The principle is, all Ministers sink and swim
together. It is based on collective responsibility towards the Lower House.
The Cabinet has its origins in the Privy Council set up to advise the King. The roles of cabinet include the
following:
Approving policy (major policy making body)

Resolving disputes
Constraining the Prime Minister
Unifying government
Unifying the parliamentary party
gm
ai
l.
co
m
Moreover, the Cabinet is the ultimate body of law making in the Parliamentary system. It is formed out of the
party/group, which enjoys majority in the House. The cabinet meetings are held in private.
ith
British Prime Minister
en
ti
s
pe
rs
on
al
is
ed
fo
rA
je
et
Ya
da
v(
az
ye
1. Position of the Prime Minister

P.M. is the captain of the ship of the state.
P.M. is the head of the Cabinet.
The party of the P.M. enjoys majority in the House.
He is the connecting link between the King and the Cabinet as well as the King and the Parliament.
The life of the House depends on the P.M. He may advice the dissolution of the House.
The other Ministers are appointed on the advice of the P.M.
The term of the other Ministers also depends on the P.M.
2. The P.M. as first among equals: this is also called as Primus Inter Pares or Inter Stella Luna Minores. This
explains the P.M.s position w.r.t. other ministers. In the cabinet system, there is a principle of collective
responsibility; hence other ministers are also important.
is
do
cu
The relative position of the P.M. and other ministers in a Parliamentary system can be compared to the
relative position of the President and his secretaries in the Presidential system.
Th
In the Presidential system, members of the Cabinet are chosen by the President. In USA, spoils system
exist. The Secretaries are not members of the Congress.
In the Parliamentary system, ministers are also the members of either House. The P.M. cannot treat
them as his subordinates. Theoretically, the P.M. should consider himself as only first among equals,
must give due respect to other members of the Cabinet and should take decisions in consultation with
them.
However, the P.M. is first because:
He is the one who is appointed first, since he is the leader of the House of Commons.
Other ministers are appointed on his advice.
Other ministers can be removed on his advice.
www.visionias.in
Vision IAS
P.M. as moon among stars:

This statement gives a more realistic view of the position of P.M. In practice, the P.M. gains prominence
and he is not simply the first among equals. Both formal and informal factors are responsible for this.
Formal Factors: He is the link between the Parliament and the King, and ministers are
appointed/removed on his advice etc.
Informal Factors: Personality factors, position of his party, external/internal emergency like
situation
Difference between the British and Indian PM

Constitutional position of the Indian P.M. is modeled on the British P.M., with one difference. In India, the PM
can be a member of either House of Parliament, i.e. Lok Sabha or Rajya Sabha. However, this is not so in Britain.
It is a convention in Britain that the P.M. will always be a member of the Lower House (House of Commons) only.
Privy Council
It has been one of the advisory bodies to the King. It has lost relevance because of the emergence of the Cabinet.
Cabinet decisions are the decisions of the Privy Council. It has some supervisory role w.r.t. University of Oxford,
Cambridge etc. It also has some role in resolution of disputes related to the Church as well as a Court of Appeal
in some admiralty cases.
Permanent Civil Servants/British Bureaucrats
Indian bureaucracy is modeled on the British bureaucracy.
Some features:
et
Ya
da
v(
az
ye
ith
gm
ai
l.
co
m
Bureaucracy in Britain is generalist

They are expected to be politically neutral
Recruited through competitive exams
Enjoy a lot of immunities
It is said that the British bureaucracy is not representative. It is still elitist
Bureaucrats are known as New Despots
It is said that the Bureaucracy thrives behind the cloak of ministerial responsibility
It has also been compared with Frankensteins monster (overpowering the Ministers)
rA
je
2.2.2 Legislature
ed
fo
Essential differences between the two systems:
on
al
is
There is a natural tendency to compare the Parliament of India with the British Parliament.
ti
s
pe
rs
But our Parliament and Parliamentary Institutions and procedures are not a copy of the Westminster system.
There are fundamental differences between their system and ours.
Th
is
do
cu
en
British Parliament has grown through some three hundred years of history. In Britain, the Parliament can said to
be the only institution, which exercises sovereign powers and on which there are no limits because there is no
written constitution.
India, on the other hand, has a written constitution. Powers and authorities of every organ of the Government
and every functionary are only as defined and delimited by the constitutional document.
The power of Parliament itself is also clearly defined and delimited by the Constitution. However, within its own
sphere, the Parliament is supreme.
Also, Parliament is a representative institution of the people. But it is not sovereign in the sense in which the
British Parliament is sovereign and can do or undo anything. The point is that in the sense of constitutional
sovereignty, their powers are not limited by a constitutional document.
Moreover, our constitutional document provides for fundamental rights of the individual, which are justiciable in
courts of law. And any law passed by the Parliament, which abridges any of the fundamental rights can be
declared ultra vires by the courts.
8
www.visionias.in
Vision IAS
The courts adjudicate the disputes and while doing so, they can interpret the constitution and the laws. Also,
Parliament has the constituent powers and within certain limitations it can suitably amend the constitution.
The British Parliament is bicameral, that is there are two houses or chambers The House of Lords (strength not
fixed) and The House of Commons (strength fixed at 650 members). The House of Lords has hereditary
members. Moreover, it has the largest number of Life Peers, Church/Religious peers (Ecclesiastical Peers) and
Law Lords.
The House of Lords
The House of Lords is the second chamber, or upper house, of the United Kingdom's bi-cameral (two chamber)
Parliament. Together with the House of Commons and the Crown, the House of Lords form the UK Parliament.
There are four types of members of the house:
co
m
1. Life peers: These make up the majority of the membership. The power to appoint belongs formally to
the Crown, but members are essentially created by the Queen on the advice of the Prime Minister. Life
peers titles cease on death.
2. Law lords: Up to 12 Lords of Appeal in Ordinary are specially appointed to hear appeals from the lower
courts. They are salaried and can continue to hear appeals until they are 70 years of age.
3. Bishops The Anglican Archbishops of Canterbury and York, the Bishops of Durham, London and
Winchester and the 21 senior Diocesan Bishops from other dioceses of the Church of England hold seats
in the House. This is because the Church of England is the established Church of the State. When they
retire the bishops stop being members of the House.
4. Elected Hereditary peers: The House of Lords Act, 1999 ended the right of hereditary peers to sit and
vote in the House of Lords. Until then there had been about 700 hereditary members. While the Bill was
being considered, an amendment was passed (known as the Weatherill amendment after Lord
Weatherill who proposed it), which enabled 92 of the existing hereditary peers to remain as members.
ye
ith
gm
ai
l.
The House of Lords can propose and make changes, known as amendments. However its powers are limited; if it
doesnt approve of a piece of legislation, it can only delay its passage into law for up to a year. After that, there
are rules to ensure that the wishes of the House of Commons and the Government of the day prevail.
rA
je
et
Ya
da
v(
az
In fact, the House of Lords could be labeled as one of the weakest upper house in the world. Since the passage of
the Act of 1919 and 1949, the House of Lords has lost all real legislative powers. It is simply a delaying chamber
now. It can delay an ordinary bill for a maximum period of one year and money bill for a maximum period of one
month.
on
al
is
ed
fo
In comparison to Rajya Sabha, the House of Lords is a weak house. Rajya Sabha has equal powers with LokSabha,
as far as an ordinary bill is concerned (though, there is provision of a joint session, but it is an extraordinary
device).
cu
en
ti
s
pe
rs
Rajya Sabha has equal power with Lok Sabha as far as the amendment of the Constitution is concerned. Rajya
Sabha is also a delaying chamber, like the House of Lords, as far as a Money Bill is concerned. Rajya Sabha can
delay the bill for a maximum of fourteen days. Rajya Sabha does have some special powers, which are not
available to Lok Sabha; for example: Articles 249 and 312.
is
do
Comparison between the House of Lords and Senate of USA
Th
Senate is called as the strongest Upper House. It enjoys equal power with the House of Representative in
the context of an Ordinary Bill, a Constitutional Bill and even in passage of a Money Bill. It is customary
to introduce Money Bill in the Lower House.
The Senate also enjoys some special powers not available to the House of Representatives. For example,
ratification of international treaties, ratification of higher appointments.
The House of Lords did enjoy a privilege that it used to be the highest Court of Appeal in Britain. But this has now
ceased to exist, as the Supreme Court has been created by the Constitutional Reform Act, 2005 (SC established
in 2009).
Reforms in the House of Lords
The House of Lords has been witnessing reforms for a long period now. Some prominent reforms done:
9
www.visionias.in
Vision IAS
Introduction of Life Peers

Limiting the number of hereditary peers
The Act of 1919 and 1949, reducing it to the status of delaying chambers
The Constitutional Reform Act, 2005 eroded its role as the highest Court of Appeal
In place of Lord Chancellor, it is now being presided over by the Lord Speaker
Pending Reforms:
Changing the title, as it is non-democratic

Reducing the strength, as a large number are nominated members. The proposal is to have elected
members
Ending the status of hereditary peers
The House of Commons

This is the lower chamber, but the one with most authority. It is chaired by the Speaker. Unlike the Speaker in the
US House of Representatives, the post is non-political and indeed, by convention, the political parties do not
contest the Parliamentary constituency held by the Speaker. The number of members varies slightly from time to
time to reflect population change.
In modern practice, the Prime Minister is the head of the Government and is always a member of the majority
party or coalition in the House of Commons. The Cabinet comprises primarily leading House of Commons
Members of the majority, although Members of the House of Lords have served as Cabinet ministers. In fact,
designating someone outside Parliament as a life peer has been one recent means of bringing someone
essentially from private life into the Government.
ith
gm
ai
l.
co
m
The Prime Minister, although head of the Government and an MP, is now not usually the Leader of the House of
Commons. The Leader of the House of Commons, a member of the Government, is the chief spokesman for the
majority party on matters of the internal operation of the House of Commons. The Office of the Leader issues
announcements of the impending House of Commons schedule, and a routine inquiry from the Oppositions
counterpart serves as an occasion for the Leader to announce the business for the next two weeks of session.
Ya
da
v(
az
ye
In the House of Commons, party organizations (akin to the Republican Conference or Democratic Caucus) meet
regularly to discuss policy, and to provide an opportunity for backbench party members to voice their views to
ministers or shadow cabinet members in a private forum.
rA
je
et
The Position of Speaker of the House of Commons and its Comparison with the Indian and American Speaker
ed
is
The position of the Speaker is a position of great prestige and dignity. In UK, there is a convention that
once a Speaker, always a Speaker. It means that a Speakers constituency is unchallenged. Once a person
is appointed as a Speaker he gives formal resignation from his political parties. He has a casting vote and
ultimate disciplinary powers with respect to the conduct of the House and MPs.
en
ti
s
pe
rs
on
al
fo
Features of British Speaker
do
He is expected to be a party man, not expected to be neutral; instead he favours his party. He does not
have final disciplinary powers, which lie with the House itself. In USA, the Speaker can vote in the
beginning.
Th
is
cu
US Speaker (Speaker of House of Representatives)
Speaker of Lok Sabha

Though our position is midway between the British and the US model, it is theoretically closer to the British
model. But similar conventions do not exist. For instance:
10
It is not necessary for the Speaker to resign from his party

If he decides to resign, he will not be disqualified under the Anti-defection law.
No convention in India that he will be elected uncontested.
www.visionias.in
Vision IAS
2.2.3 Judiciary
Under the doctrine of Parliamentary sovereignty, the judiciary lacks the intrinsic power to strike down an Act of
Parliament. However, the subordination of common law to statute law does not mean the subordination of the
judiciary to the executive. Courts in Britain retain certain powers:
Of interpreting the precise meaning of a statute.

Of reviewing the actions of ministers and other public officials by applying the doctrine of ultra vires
(beyond powers).
Of applying the concept of natural justice to the actions of ministers and others.
Because Parliament is sovereign, the government can seek to overturn the decisions of the courts by passing
amendment legislation. The power of judicial review provides the judiciary with a potentially significant role in
the policy process.
In recent decades, there has been an upsurge in judicial activism for several reasons:
Judges have been more willing to review and quash ministerial action
British membership of the EU
The incorporation of the ECHR (European Convention on Human Rights) into domestic law
Devolution of powers to elected assemblies in Scotland, Wales and Northern Ireland
The creation of a Supreme Court in 2009.
Comparison between the Indian and British Judiciary

Differences
In case of British system, the lack of concept of Basic Structure makes amending power of the
Parliament supersede any judicial pronouncement. Whereas, in case of the Indian Judiciary system, the
concept of Basic Structure has provided a potent tool to Judiciary by which it can scuttle down any
Executive or Legislative action, which it deems as against the basic spirit of the Constitution.
British legal system is completely based on Common Law System. Common Law System implies that law
is developed by the judges through their decisions, orders, or judgments (also referred to as
precedents). However, unlike the British system, which is entirely based on the Common Law System,
where it had originated from, the Indian system incorporates the Common Law System along with the
statutory and regulatory laws.
et
Ya
da
v(
az
ye
ith
gm
ai
l.
co
m
rA
on
al
is
ed
fo
The actions of Executive can be declared ultra vires in both the systems
The judiciary is considered the highest interpreter of the Constitution
Off late, there has been a splurge in judicial activism in Britain and judiciary is becoming more and more
active. A similar evolution of judiciary has been noticeable in the Indian case too
pe
rs
je
Similarities
cu
en
ti
s
Note: By Constitutional Reform Act, 2005 the Supreme Court has come into existence as the highest Court of
Appeal. A National Judicial Appointment Commission has also been introduced.
Th
British Constitution:
is
do
Brief Synopsis of comparison drawn above:
Product of history and the result of evolution

There is a difference between theory and practice
Flexible and unitary constitution
Parliamentary government
Rule of law and civil liberties applicable
Indian Constitution
Written
Federal
Power is divided between Centre and states
No Monarchy/Republic
11
British Constitution
Unwritten
Unitary
Power is the with the Centre
Has King/Queen
www.visionias.in
Vision IAS
Comparison between British Monarch and Indian President

British Monarch
Position of the King is hereditary
King enjoys absolute immunity; its said that
King can do no wrong
King has no discretionary powers. He is
known as Golden Zero
Indian President
Elected
In India the President can be impeached for violation of the
Constitution
In India, there was a lack of clarity w.r.t. the Indian President.
There was confusion whether he has any discretionary power
or is merely a rubber stamp.
24th Amendment clarifies that he doesnt have any
discretionary powers. Real power lies with the PM,
while the President is merely a rubber stamp.
44th Amendment Act again changed the stand,
providing some scope for Presidential discretion. He
could now send the request back to the CoM, though
only once.
Comparison between British Monarch and the US President

British Monarch
King as titular head
Hereditary
No discretionary powers
US President
US President is both a real as well as titular head.
Elected and can be impeached
Real executive powers, subject to checks and balances.
ai
l.
co
m
3] Constitution of the United States of America

gm
v(
az
ye
ith
While American Constitution is the shortest (of any major government in the world) and the first written
constitution, Indias Constitution is the lengthiest written constitution in the World.
rA
je
et
Ya
da
American Constitution is a very rigid constitution consisting of only Seven Articles and twenty-seven
amendments, so far. Originally, the India Constitution consisted of 395 Articles in 22 Parts, with 8 Schedules.
Now, it consists of 448 Articles in 22 Parts, with 12 Schedules.
pe
rs
on
al
is
ed
fo
The US Constitution was finalized in a convention held on September 17, 1787, which required its ratification by
a minimum of nine States, for it to be enforced. By the end of July 1788, eleven States had ratified it and the
Constitution was put into operation on 13th September 1788. The Indian Constitution, on the other hand, was
adopted by her Constituent Assembly on 26th November 1949, and came into effect on 26th January 1950.
is
do
cu
en
ti
s
America has adopted the doctrine of dual ship in respect of its Constitution and citizenship. It has two
Constitutions, one, for America as whole and another for each State. American people have two citizenships, one
of USA and another of their respective State. On the other hand, India has one constitution and concept of single
citizenship for every citizen of the country.
Th
3.1.1 Nature of the Constitution

The American Constitution is described as a truly Federal Constitution. It was ratified by 50 Independent States.
Further, the Federal Government and States have their own Constitutions and do not interfere in each others
functions.
On the other hand, India has only one Constitution, wherein the Central government interferes with functions of
State governments in the form of, inter alia:
Appointment of Governors.
Governor having the power of reserving the States bills for consent of the President.
Central governments power to impose Presidents rule in the States.
3.1.2 Nature of Federalism

While USA is a Dual Federation, India is a Cooperative Federation.
www.visionias.in
12
Vision IAS
Dual Federation (USA) both the Centre and

state are completely independent. They are
complete governments
Centrifugal federalism
Symmetrical federalism all states are given
equal representation in Senate
Cooperative Federation (India) Interdependence of Centre

and state govt. Neither of them is independent of the other.
Centre usually has the role of big brother
Centripetal federalism
Asymmetrical federalism
1. States have been given representation in Rajya Sabha on
the basis of their population.
2. Articles 370, 371 provide special provisions to few states.
USA is a Legislative federation. This means India is an Executive federation. This means that states are
that States have dominance in law making.
important at the executive level only.
USA is an indestructible union of India is an indestructible union of destructible states
indestructible states
USA constitution provides a role to states in There is no such provision for states in the Indian
ratifying the international treaties through Constitution
the Senate
3.1.3 Form of Government

USA
America has adopted a Presidential form of government, in which the people directly elect the executive
President.
The President is powerful and not accountable to the House of Congress.
The term of the American President is 4 years (fixed term).
One can hold the office of the President for only two terms.
The President can appoint his own staff, which may be neither from the House of Representative or
Senate, in assisting in the administration of the government. The staff is not accountable to the Houses of
Congress.
gm
ai
l.
co
m
v(
az
ye
ith
This means that the President is independent in the administration of the government and rather directly
responsible to the people of USA.
Ya
rA
je
et
India has adopted a Parliamentary form of government.

The President of India is the executive head of the Indian government. He is indirectly elected by the
legislators of Centre and states, and is not accountable to the Parliament.
The President runs the government with the aid and advice of the Prime Minster and the Council of
Ministers.
Unlike USA, the Indian President holds the office for five years.
He can be elected any number of times.
is
rs
pe
ti
s
en
on
al
ed
fo
da
India
cu
The impeachment of the President by the legislature is the only similarity in both the Constitutions.
is
do
3.2 President
Th
The position of the American President combines both the Head of State and the Head of Government into one.
3.2.1 Qualification
Only a natural born citizen of USA can become the President, and not a person who has acquired the citizenship.
Also, he must have attained the age of 35 years and must have stayed in USA for at least 14 years.
On the other hand, the Indian President should be a citizen of India, wherein citizenship might be either natural
or acquired.
3.2.2 Election of the President

Presidential election is indirect, through Electoral College.
13
www.visionias.in
Vision IAS
Electoral College
Strength of Electoral College = Total members in House of Representatives + Senate + 3 members from
Washington D.C. = 435 + 100 + 3 = 538
Winning Candidate requires an absolute majority (50% + 1) of the total members of the Electoral
College, i.e. 270.
In the House of Representatives, members from different states are not fixed, while in Senate members from
different states are equal and fixed.
Election of Electors
The voters vote for the members of the Electoral College

System of election is the List System
Each state has a responsibility to conduct these elections
The party that wins the majority of the votes represents the state in entirety
Electors meet in their respective capital and vote for the Presidential candidate
3.2.3 Functions of the President of USA

Executive Functions
Appointments
Representing the country
Preparation of the Budget
Legislative Functions
gm
ai
l.
co
m
No presence in legislature
The President doesnt address the legislature
He cannot dissolve the legislature
He can send messages to the legislature (the system of sending messages exists in USA because there is
Separation of Power. So this is the way that the President can interact. The system of sending messages
is found in India also, but the logic of the provision is not clear because the President has no
discretionary power and he has to act on the advice of the P.M.)
da
v(
az
ye
ith
et
Ya
Veto Power
ti
s
pe
rs
on
al
is
ed
fo
rA
je
Under the Constitution, the President may respond to a bill passed by the Congress in one of the three
ways. He may sign it, veto the bill by returning it to Congress, or do nothing. If he does nothing, the bill
becomes a law after the passage of ten days, excluding Sundays. However, if the Congress adjourns
sooner than ten days, the bill dies, under the pocket veto provision. If the President vetoes a bill, the
Congress can still enact it into a law bypassing the measure again with two-thirds majority in both the
houses.
en
3.2.4 Legislative Proposals
Th
is
do
cu
The Constitution also authorizes the President to recommend to Congress consideration such measures as he
shall judge necessary and expedient. Unlike the veto, which is a limited and somewhat negative instrument for
stopping legislation, the duty to recommend legislation has over time become the primary mechanism, by which
the nation's political agenda is influenced.
Indian President
In India, the President has the power to send back a bill to the Parliament for reconsideration. But, when
the Parliament has reconsidered the bill and then passes it with the required majority, the President has
no option but to sign the bill.
Practically, the Prime Minster and his Cabinet almost always enjoy a simple majority, except in a
coalition government. So, it does not pose a major hurdle for the Prime Minster and his cabinet to get
the consent of the President for the bill.
However, a significant departure from the US Presidential Scheme of things is that unlike the US, the Indian
Constitution does not prescribe any time limit for signing the bill by President. Therefore, he can keep the bill
14
www.visionias.in
Vision IAS
without signing it for an indefinite period under the disguise of consideration, which can frustrate the Prime
Minster and his cabinet. Obviously, this leads us to the question whether the Indian Presidents pocket veto is
more powerful than the US Presidents pocket veto.
3.2.5 Date of Retirement and Oath

US
A unique feature of the US Constitution is that it has prescribed the date and timing of retirement of the
outgoing President as well as members of the Congress.
The terms of President and Vice President shall end at noon on the 20th day of January.
It means that the new President and Vice President shall take oath of the office on 20th January (or 21st
January, if 20th is a Sunday) at noon of their first year of office.
The election of the President and Vice president are held in the month of November and in the same
month results are announced.
Thus, Americans are informed much earlier about their new President.
Naturally, the question is how this time schedule is maintained. In case of Presidents death, resignation, or
impeachment, the Vice President shall become the President for the remaining period. In this way, duration of
the President is kept intact and the next elected President takes oath on the scheduled date.
India
In India, if the President dies or is impeached, or submits resignation, the Vice President becomes the
President till fresh elections are held. The newly elected President holds the office for a full term of five
years.
Hence, unlike the American system the time schedule cannot be maintained, in the case of India.
co
m
gm
ai
l.
Primaries are elections to select the candidate

They are conducted by Political Parties
3.2.6 Primaries
ye
v(
az
da
pe
rs
on
al
is
ed
fo
rA
je
et
Reasons: Treason, Bribery, High Crimes of Misdemeanor. No system of impeachment for violation of the
Constitution, unlike the Indian Constitution
Process
o Charges will be leveled against the President in the House of Representatives
o It has to be passed by 2/3rd majority
o Senate will be the investigating house
o In this process, the Chief Justice of the Supreme Court of USA will be the presiding officer
o If convicted, he can be removed only when 2/3rd members of the Senate pass a resolution in this
context
Ya
ith
3.2.7 Impeachment of the President of USA
en
ti
s
Some terms of the US Constitution
Th
is
do
cu
Filibustering: Its a privilege of Senators that they can exercise his right to speak for an unlimited period. Its an
ultimate device to stop the passage of a bill. However, now a rule has emerged, by which 2/3rd of the members
can bring a motion, which will deny this privilege to the Senators.
Senatorial Courtesy: A convention has developed by which the President, before formally sending the names
for appointments in higher posts, informs the Senate about the probable candidates to be appointed. The idea
in such situations should not arrive, where the Senate does not ratify the Presidents proposal.
Gerrymandering: It is the process of demarcating the electoral districts that give advantage to the party in
power in the state. They create electoral districts in a manner that the supporters of the party get concentrated
and the supporters of the opposition party get dispersed, with the objective of electoral gains.
Log Rolling: The members of a party may support a bill or viewpoint of the other party. Strict party discipline is
not only existing, but also not required
Pork Barrel: It represents the politics in the House o Representatives where local interest dominates and the
representatives want to take maximum benefits for their constituencies.
15
www.visionias.in
Vision IAS
3.3 Vice President

3.3.1 Election of Vice President
The qualification for the President and the Vice President is the same. Since the elections take place
simultaneously, the process of elections is also the same.
Earlier Method: The candidate coming first used to be declared as the President and second as the Vice
President.
Present Method: Separate elections, but at the same time and in the same manner.
3.3.2 Tenure of a Vice President as a President

A Vice President may become a President because of vacancy in the office of the President. There are two
situations:
If the Vice President has come to the office when the President has already served the office for more
than two years. Then the Vice President can be President for the remaining term and in addition for two
more terms he can serve as a President
If the Vice President came to the office when the remaining term of the outgoing President was more
than two years, then he will be eligible for only one more term
3.3.3 Functions of the Vice President of USA
Ex-officio chairperson of Senate and has casting vote

The office of the Indian Vice President is modeled on the US office, with some differences
The office of Vice President is called as His Superfluous Highness
co
m
3.4 US Legislature/US Congress

gm
ai
l.
It consists of two houses: House of Representatives and the Senate.
ith
Ya
da
v(
az
ye
One of the weakest lower house in the world

It consists of 435 members
System of direct elections
Representation of people may differ in number from different states
et
3.4.1 House of Representatives
rA
pe
rs
on
al
is
ed
fo
Permanent body
Strongest upper house in the world
It has equal powers in ordinary bills, amendment bills and money bills.
Term of a Senator is six years. 1/3rd of the members/Senators retire every two years.
ti
s
je
3.4.2 Senate
en
3.5 Committee System in USA

do
cu
USA has the strongest committee system in the world. It is said that the US Congress works in the Committees.
Th
is
Difference from British and Indian System:

In Britain and India, a bill is introduced in the House and the first reading takes place and then it is
referred to the Committee
In USA, a bill is introduced and then directly referred to the Committee, before even the first reading
Pigeon Hole: A bill in USA may get killed at the Committee stage itself. This is known as Pigeon Holing the bill.
3.6 Duration of Representative bodies at the Centre

3.6.1 US
16
Americas House of Representative and Senate are permanent bodies.

The terms of the members of the Representative and Senate come to an end on 3rdJanuary.
www.visionias.in
Vision IAS
3.6.2 India
In India, during an emergency, the duration of Lok Sabha can be extended by one year, or can be
shortened by holding pre-matured elections.
The ruling party forms opinion based on their partys prospects in the next election. It may recommend
for the dissolution of Lok Sabha and suggest the President to hold the election at an appropriate time,
which may be based on political expediency.
3.7 Doctrine of Separation of Power and the System of Checks and Balances
The theory of Separation of Powers started with John Locke and became popular with Montesquieu (18th century
philosophers).
Why Separation of Powers/Functions?
According to Montesquieu liberty is not protected, unless there is Separation of Power.

Separation of Power with judiciary is a universal feature in all democracies.
The Presidential system provides Separation of Power w.r.t. all three organs of the government,
whereas in the Parliamentary system there is a fusion of legislative and executive powers.
3.7.1 US
co
m
ai
l.
v(
az
ye
gm
The US Constitution strictly adheres to the doctrine of Separation of Power proposed by Locke and
Montesquieu. Separation of Power is complete in US.
All the three branches of the government have separate functions.
The term of Legislature and Executive are fixed and do not depend on each other.
None of the member of the Legislature can be a member of the Executive.
The Houses of Congress enact the law; the President executes the law; and the Supreme Court interprets
the law.
The American President has no privilege of law making power. Moreover, he is neither a member of the
House of Representative nor that of Senate.
By confirming veto power but equally not confirming the law-making power to the President, the
Congress controls the Presidents and vice versa. In this way, Checks and Balance are maintained.
ith
Ya
et
Theoretically, we may say that the doctrine of Separation of Power is adopted in our Constitution, but it
is only between the Executive and Judiciary.
The President is a part of the Union Executive. Yet, it is the Prime Minster and the Council Ministers who
are the real executive because the President has to act on the aid and advice of the Council of Ministers.
They have dual capacity:
o One, in capacity of executive; and
o Two, in the capacity of lawmaker.
The Prime Minster, in his capacity as the leader of the ruling party can enact a law, which his
administration executes. Thus, the Prime Minster and his Council Ministers enact the law and the
administration executes the same, which is per se, contradictory to the doctrine of Separation of Power.
fo
ed
is
al
en
Th
3.7.3 Checks and Balances
is
do
cu
ti
s
pe
rs
on
rA
je
da
3.7.2 India
No organ of the government can be given complete liberty. Hence there have to be checks and balances.
How are checks and balances achieved in the US Constitution?
17
Judiciary checks on other branches of the government, by judicial review of the executive as well as
legislative acts.
How Congress checks the President or powers of the President?
o It is necessary to ratify the international agreements and higher appointments
o Principle of no taxation without representation
o Impeachment of the President
How President checks the Congress
www.visionias.in
Vision IAS
By the use of veto powers (Congress can pass a bill against Presidential veto with 2/3rd majority.
So the President doesnt have absolute veto.
o Pocket Veto: Two situations arise
Congress in session for ten days: Bill can be passed even without the assent of the
President
Congress in session for less than ten days: Bill will lapse.
President and Congress applying checks on Judiciary
o Appointment of Judges: appointed by the President and ratified by the Senate
o Removal of Judges: removed through impeachment by the Congress and approved by the
President
o Salaries and emoluments controlled by the President
o
3.8 Fundamental Rights

While US has incorporated the Bill of Rights, India has incorporated Fundamental Rights in its Constitution.
However, the American Constitution has provided additional human rights, which are not to be explicitly found
in the Indian Constitution.
Freedom of press is explicitly provided under the 1st amendment of the US Constitution, while in India it
is implicitly read under the Article 19[1][a], freedom of speech and expression.
Petition to the Supreme Court is a fundamental right in India, where as in US it is the government that is
petitioned (In case of US, the word government has a wider connotation and encompasses not only
the executive, but also the higher judiciary).
The Americans have a right to keep arms and guns for the protection of their life and property. This was
provided under the 2ndamendment.
co
m
ye
ith
gm
ai
l.
Therefore, guns and arms are sold like any other commodity in US without legal hassles, whereas
in India it is a total contrast, because apart from not being a fundamental right, it is a highly regulated
legal right.
rA
je
et
Ya
da
v(
az
5th amendment to the US Constitution guarantees that an accused will be tried for criminal offence with a
system of Grand Jury. Grand Jury means that common people are selected by the government randomly,
representing the community. They play a part in deciding the guilt of the accused persons. The number of
persons selected to be in the grand jury varies from 6 to 12, or even more, if the case is controversial.
is
Further, in US, no persons life and liberty shall be deprived without due process of law.
o Due process means that the content and procedure of law must be just, fair, and equitable,
which will be decided by the judiciary.
o Legislative power of depriving a persons liberty is restricted and scrutinized and evaluated by
the judiciary.
In India, a persons life and liberty shall be deprived according to the procedure established by law.
o The world procedure established by law gives wide discretionary power to the legislature to
restrict the liberty.
o Nevertheless, the Supreme Court in Maneka Gandhi case (even though the court did not use the
word due process) held that the procedure established by law must be fair, just and equitable.
The Indian Parliament deleted the Right to Property from the list of Fundamental Rights in 1978.
Whereas, in US, the right to property is still a fundamental right and no property shall be acquired
without just compensation.
A person accused of crime enjoys certain explicit rights under the 6th Amendment to the US Constitution:
speedy and public trial, notice of accusation, compulsory process of obtaining witness in his favor and
assistance of legal counsel of his choice.
o All these rights in India are not expressly mentioned in the Constitution. Nonetheless, these
rights are provided by the Supreme Court by broadly interpreting the Right to Life and Liberty
under Article 21.
cu
Th
is
do
en
ti
s
pe
rs
on
al
ed
fo
On the other hand, in India criminal trials are adjudicated by the Judges only.
18
www.visionias.in
Vision IAS
Further, the 8th amendment to the US Constitution says that bail shall not be denied to an accused, the
imposed fine should not be excessive and inflicted punishment shall not be cruel. These rights are also
made available to Indian people because of well-established precedents pronounced by the Supreme
Court under Article 21.
9th amendment to the US Constitution is quite important because it says that mere enumeration of
certain rights in the Constitution shall not be interpreted to deny the other rights retained by the
American people. In spite of the statutory rights in the Constitution people enjoy other rights, which are
given by nature. The American Constitution is highly influenced by Lockes philosophy of inalienable
natural rights of human being. The Indian Constitution, on the other hand, does not contain any such
notable Article. Therefore, Indians enjoy only those rights recognized by the Constitution, which are
based on the philosophy of Austin and Benthams theory of law.
3.9 Distribution of Legislative Power

3.9.1 India
Seventh Schedule of the Indian Constitution distributes the legislative power between the Central and State
governments. The Central and State governments have exclusive power to make laws on 97 and 66 subjects,
listed in the Union and State list respectively. On the 47 matters of Concurrent list both the Centre and State can
make laws. In case of conflicting laws, law of the Centre would prevail.
97th subject in the Union list says that any subject, which does not belong to any other list would automatically
confer power to the Parliament to make a law regarding that subject. Thus, our constitution makers have
created stronger Central and weaker State governments, which depend on the Central government for the
financial assistance.
co
m
3.9.2 US
gm
ai
l.
It is quite contrary in the case of US, where no elaborative mechanism is provided. Few expressly mentioned
subjects are with the federal and rest of the matters with State governments.
ye
ith
3.10 Emergency and Suspension of Writs
rA
je
et
Ya
da
v(
az
In India, an emergency can be declared on the ground of War and Armed Rebellion. During such emergency all
fundamental rights except the right to life can be suspended. The American Constitution does not use the phrase
of emergency but says that in case of Rebellion and Invasion of Public Safety, the writ of Habeas Corpus can be
suspended.
ed
fo
3.11 Judiciary
Th
is
do
cu
en
ti
s
pe
rs
on
al
is
There is no qualification mentioned for the appointment of judges of the Supreme Court. In America, the
President has the final say in the appointment of Supreme Court Judges. He suggests the names of judges to the
Senate and on the advice and consent of the Senate, judges are appointed by the President. The Judicial
Committee of Senate plays a very significant role in evaluating the credentials of the proposed judges of the
Supreme Court. They make the investigation of the background of judges, they hold a face-to-face interaction
with the judges, the judges are queered and grilled and questions are put. The whole process happens in public
and in a transparent manner. If a citizen of the US has any information about judges integrity, he can send that
information, with evidence, to the Senate Judicial Committee, which further investigates to ensure that no
unworthy candidate is appointed as a Judge to the Supreme Court. In the appointment of Judges the people of
US also participate and the judiciary of US has no role to play in the appointment of judges. The entire process of
appointment of judges is crystal clear.
There is no fixed tenure of the judges. However, if they are retiring at the age of 70 years, they will get salary and
perks as a working judge.
In India, on the other hand, the entire process of appointment of judges happens in a darkroom, between the
judiciary and executive. The people of India come to know of the judges only after their appointment. Neither
are the people informed in advance, nor does the executive make an open enquiry about judges. The President
appoints Judges to the Supreme Courts based on a process, in which the Chief justice and four senior judges of
the SC play a very dominant and decisive role. The entire process of appointment of judges happens in the
19
www.visionias.in
Vision IAS
backyard and under the carpet without involvement of the people, which is cited by many as a serious flaw of
the Indian legal system. The judges hold the office up to the age of 65 years.
3.12 Amendment of the Constitution

There are two ways to amend the Constitution:
Proposed by the Congress and ratified by the States
o Amendment to be passed by 2/3rd majority in both the Houses
o To be ratified by the State Legislatures of at least 3/4th of the States
Proposed by States and ratified by the States
o 2/3rd of the States should pass a resolution to this effect
o They will communicate to the Congress. The Congress will call the convention.
o In the convention, it has to be ratified by 3/4th of the States
In case of India, the amendment process is easy and flexible as compared to the US. In India, it is only the
Parliament that can propose an amendment to the Constitution and States do not have any role to play in this
matter. While some of the Articles can be amended by a simple majority, special majority is required for others,
and in some limited Articles, ratification by more than half of the States is also required. Majority here means
majority of the Members of the Parliament present on the date of the amendment, and is not related to the
total strength of the Parliament.
The fact that the US Constitution got amended only 27 times in the last 225 years, shows how rigid it is to amend
the US Constitution, in contrast to the Indian Constitution.
co
m
4] Chinese Constitution
gm
ai
l.
China is a socialist country. There is supremacy of socialist ideology in China. The Chinese Constitution accepts
the leadership of the Communist Party of China (CPC).
Ya
da
v(
az
ye
ith
Communist Party of China (CPC) is the largest political party in the world, having millions of local level members.
It works on the principle of Democratic Centralism. The full meeting of the party is called as National Party
Congress (NPC), which is convened once in five years. Though theoretically all power lies with the people, but in
practice, it is with the top leaders.
is
al
on
4.1 Salient Features of the Constitution
ed
fo
rA
je
et
NPC members select the members of the Central Committee. The Central Committee selects the Polit Bureau
(around 200 members). The Polit Bureau selects the Standing Committee of the Polit Bureau (at present 24
members; the most powerful members of the party).
pe
rs
4.1.1 Preamble
is
do
cu
en
ti
s
The paramount position of Marxism, Leninism and Maos teachings has been acknowledged in relation to
ideological goals of the political system. Traditional principle of Democratic Centralism has also been given due
place within the Constitutional setup. The old definition of China as a Dictatorship of the Proletariat has been
replaced with Peoples Democratic Dictatorship.
Th
The Preamble clearly recognizes Taiwan as an integral part of China and its liberation is declared as a liability of
Chinese People. Five points have been set as the underlying principles to be observed in the field of foreign
relations. These include:
a)
b)
c)
d)
e)
Respect and Preservation of the territorial integrity of all nations

Avoidance of aggression
Non-interference in the internal affairs of other countries
Promotion of international cooperation
Peaceful coexistence
4.1.2 Nature of Constitution

It has close affinity in letter and spirit, with the constitution of the former Soviet Union. It is neither too rigid nor
too flexible.
20
www.visionias.in
Vision IAS
4.1.3 Basic Principles

Under the Constitution, Peoples Republic of China is a Socialist State established in the name of Peoples
Democratic dictatorship, wherein Communist Party performs a leadership role to guide the people. People are
declared as fountain of power and authority and they will exercise it through National Peoples Congress.
4.1.4 Unitary System

The People's Republic of China is a unitary multi-national state created jointly by the people of all its
nationalities.
In China, a strong central government exists while regional governments, as distinct entities, have not been
created under the Constitution. Therefore, In order to encourage peoples participation in policy-making and
preserve their interest in public affairs, decentralization has been introduced in the governmental affairs. The
central government has delegated much authority and powers to the regional and local administrative units.
4.1.5 Democratic Centralism

Like the political system of former Soviet Union, the principle of Democratic Centralism prevails in Peoples
Republic of China as well. Keeping in view democratic norms, elective principle has been introduced at all levels
not only within the governmental institutions but also within the Party organization. All the citizens have been
secured the right to vote on the basis of adult suffrage.
4.1.6 One Party System
gm
ai
l.
The Communist Party enjoys almost dictatorial powers within the constitutional framework and has
been regarded as the sole source of political authority for all practical purposes.
Party organization runs parallel to that of the governmental institutions. Party elite hold all top-notch
positions in the government.
In practice, no other political party enjoys real freedom to act.
o Certain youth organizations, loyal to the party and working groups affiliated with the Party,
enjoy the right to participate in decision-making.
co
m
ye
Ya
da
v(
az
The National Peoples Congress (NPC) comprises the legislative branch.

It is a unicameral legislature with more than 3000 members.
Theoretically, it is the top decision making body in China. It has the ultimate say on policies,
amendments and appointment of ministers in the government.
It has been declared as an organ through which the people exercise state power.
Congressmen are elected by regional Congresses, by autonomous regions, by Municipalities working
under the central government and by Peoples Liberation Army, each according to its quota.
The mode of election is based on secret ballot, while the constitution guarantees holding of free and fair
elections.
The real work of NPC is done by a smaller body known as Standing Committee of NPC, consisting around
150 members.
rA
fo
ed
on
ti
s
cu
en
pe
rs
al
is
je
et
ith
4.1.7 Legislature
is
do
Duration
Th
The Congressmen are elected for a period of five years but the Congress can be dissolved before the expiry of its
term and it can be extended as well. The Standing Committee of the Congress is responsible for making proper
arrangements for holding fresh elections prior to the completion of its term.
Sessions
Sessions of the Congress are held once a year in Beijing. The Standing Committee of the Congress normally
summons its session. In addition to it, the Chairman of the Congress can also summon the session on the request
of one fifth of its members.
Powers
The National Peoples Congress is the supreme law-making body, which is fully authorized to enact laws, alter or
repeal the existing ones. It also approves the administrative policy for the state.
www.visionias.in
Vision IAS
21
1. Enactment of Laws
During its sessions, the Congress enacts new laws and makes necessary alterations in the existing ones, if
circumstances so demand. The Constitution can be amended with the support of two-thirds majority of the
members of the Congress, whereas ordinary laws are enacted by a simple majority. It is to be noted, that the
acts of the Congress cannot be challenged in the Supreme Court.
2. Executive Powers
National Peoples Congress is also empowered under the Constitution, to supervise the execution of
constitutional laws and statutes. It can affect and control administrative policies through its choice regarding
the appointment of superior public officials. All the administrative departments along with their ministers in
charge are accountable to the Congress in respect of performing their official functions. Congress also
exercises the power to approve National Economic Policy and the annual budget. Congress is fully authorized
under the constitution to exercise all such powers as it thinks expedient and necessary within its sphere of
action.
3. Elective functions
NPC holds a pivotal position within governmental structure by virtue of its power to elect the top-notch
occupants of the governmental authority. Under the Constitution, it also elects the President and Vice
President of the Republic and appoints Premier of the State Council on the recommendation of the
President. On the advice of the Premier, it also appoints other ministers. Congress is also empowered to
remove the ministers. It also exercises the power to appoint or remove the President of the Supreme Court
and Chief Procurator of the Supreme Procurate.
gm
ai
l.
co
m
Though the NPC is fully authorized by the Constitution to exercise all the foregoing powers, in practice, it is
not an active body. Rather its position, as a free law-making body is merely in theory. Major reasons being:
Its sessions are rarely held on a regular basis.
o It meets only once a year, that too for not more than a few days.
The powers of Congress are virtually exercised by its Standing Committee.
ith
Standing Committee
et
Ya
da
v(
az
ye
The Standing Committee of the Congress is an effective and active body, as it exercises, in practice, most of the
Congressional powers. It is outwardly a body subordinate to the Congress, as a matter of principle. It is
accountable to the parent body and is bound to present regular reports of its working. All the members of the
Committee are elected by the Congress and liable to be removed on its discretion.
rA
je
Powers
Th
is
do
cu
en
ti
s
pe
rs
on
al
is
ed
fo
1. The Committee summons the sessions of the Congress, in addition to the issuance of orders to hold its fresh
elections.
2. It performs the function of interpreting the statutes as well as the laws of the Constitution. The performance
of this judicial type of function enhances its importance and the scope of power.
3. It supervises the functioning of the State Council, of superior courts and that of Procurator. These functions
have been assigned to the Standing Committee by the Constitution.
4. The Committee has the authority to alter or repeal any inappropriate decision of the official departments,
autonomous regions, provinces and that of the Municipalities working under the Central government.
5. It is actually the repository of real powers during the interval in which the Congress is out of session. During
this period, it wields the authority to issue orders regarding the appointment of new ministers and removal
of the previous ones, on the advice of the Premier. It can issue orders for the appointment or removal of the
Vice President as well as the Deputy Chief Procurator.
Chairman
The Chairman of the Committee has been regarded as the most powerful person in the political setup. He
presides over the meetings of the Standing Committee. He has also been endowed with the power to issue
decrees and promulgate ordinances. His list of duties include:
22
To receive the diplomatic envoys of other countries;

Ratification of the treaties made with other countries; and
Appointment of the members of diplomatic corpse assigned to other countries.
www.visionias.in
Vision IAS
Other Committees
The Peoples Congress forms a number of Committees during its term, such as National Committee on fiscal and
economic affairs, Committee on education, science, culture and health issues, Committee on foreign affairs,
Committee on matters relating to Chinese settled abroad. All these committees work under the supervision of
the Standing Committee of National Peoples Congress during the period the latter is not in session.
Keeping in view the aforesaid functions and powers of the Standing Committee, it is apparent that it is a
powerful and effective body. As the Congressional annual session lasts a few days only, its powers are virtually
exercised by the Standing Committee for the remaining period the parent body is not in session. The
Committees members, being the members of the Chinese Communist Party, perform important role in
administrative affairs as well.
4.1.8 Executive
State Council
The State Council is the Cabinet or Executive of China. It is headed by the Premier, four Vice Premiers and State
Councillors. Under the Constitution, State Council is the chief executive organ of the government. All its
members are elected by the Congress and accountable to it. Enforcement of law, formation and execution of the
administrative policy is the major function of the Council. The members of the State Council introduce the bills
on the floor of the Congress in the form of proposals and later manage to get these translated into law on
parliamentary lines.
Premier
co
m
The Premier performs a very important role as head of the administration and holds a pivotal position within the
administrative set up.
ye
ith
gm
The President of the Republic is regarded as head of the state.

He is elected by the Congress for a period of five years.
The President enjoys the most prestigious position in the administrative setup.
v(
az
ai
l.
President
da
4.1.9 Judiciary
rA
je
et
Ya
China has a committed Judiciary, i.e. committed to the goal of Socialism. The highest organ is the Supreme
Peoples Court. China also has a Court of Procuratorates it deals with corruption cases of officials.
on
al
is
ed
fo
Chinese law has never been codified in a systematic form. Most of the disputes and controversies are settled in
quasi-judicial institutions. The Chinese judicial system has been held together more by conventions, rather than
by laws.
pe
en
ti
s
The party and the government maintain control on the military through the Central Military Commission
Military is also described as the defenders of the Communist Party.
cu
rs
4.1.10 Central Military Commission
23
is
Th
Rights
do
4.1.11 Rights and Duties
The Chinese Constitution gives Fundamental Rights and prescribes certain duties for its citizens.
All citizens at least18 years of age are secured the right to vote. They also enjoy the right to contest
elections. Right to secrecy of all correspondence, freedom of speech and expression, freedom to join or
form associations, and right to hold public meetings even to the extent of staging demonstration or
resorting to strike for articulation of demands, have been secured under the Constitution.
According to the constitution, the government is under obligation to afford full protection to the
preservation of family life in addition to the integrity of a person. All citizens have the right to personal
security against illegal detention. The constitution also recognizes equal right of all citizens to education
and cultural freedom. Equality of men and women has also been recognized in all areas of life.
www.visionias.in
Vision IAS
Duties
The Chinese constitution explicitly prescribes certain duties of the citizens, which are justiciable. It is the first and
foremost duty of the citizens to cooperate with the Socialist leadership in every respect, abide by the
Constitution and all other state laws. They are required to protect public property and extend a helping hand in
the maintenance of law and order. To defend the country against foreign aggression is also another duty of the
citizens.
4.1.12 Communist Party of China

The Chinese Communist Party came into being in 1921. Lenin sent one representative to China to assist in
organizing the newly established party. Cheng Tu-hisu was appointed as the first Secretary General of the
Chinese Communist Party and within a short period many branches of the Party were established in the towns
and cities.
Ideological Foundations
Ideology of the Chinese Communist Party had been shaped by the teachings of Marx and Lenin right from its
inception. It developed a deep linkage with the global Communist Movement in its early phase. Mao also played
a pivotal role in the socialist struggle of the Chinese People.
Party Organization
The party operates on the principle of Democratic Centralism. Accordingly all office bearers of the Party are
elected. Primary unit of the Party elects District Congress while District Congress elects the deputies of the
Congress of the upper level.
co
m
Party members enjoy right to criticize party leadership and may initiate proposals for framing party policies. On
the same pattern, primary party branches may lodge complaints for the consideration of higher leadership.
ith
gm
ai
l.
On the other hand, strict party discipline is maintained and strong centralism operates in the decision-making
process. It is obligatory on the lower ranked party members to abide by the decisions of the higher ranked party
leadership. In practice, most of the decisions are thrust upon by the higher ranks within the central leadership.
v(
az
ye
Politburo
fo
rA
je
et
Ya
da
The Politburo has been regarded as the most powerful body in the decision-making process, as it makes allimportant decisions; so much so that it summons the sessions of the Central Committee. It also has a Standing
Committee consisting of seven members. Like its counterpart within the government, the Standing Committee of
the Politburo exercises all the powers of the Central Committee when the latter is not in session.
is
ed
National Congress of the Communist Party of Congress
ti
s
pe
rs
on
al
National Congress of the Communist Party of Congress holds a pivotal position in the policy-making of the Party.
Members of the Congress numbering in thousands with no fixed size are elected by the respective regional and
local party congresses for a period of five years.
cu
en
Central Committee
Th
is
do
The National Congress of the Communist Party of Congress holds its sessions for a few days, once every five
years. The Central Executive Committee, comprising limited membership, exercises the power of the Congress
when the latter is not in session. The powers of the Central Executive Committee are also exercised in practice,
by its Politburo, as the former rarely holds its meetings. The Central Committee elects the members of its
Politburo, as well as its Chairman and Vice Chairman.
Other Parties and Groups
Single party system, on the lines of Soviet Union, has not been adopted in the Peoples Republic of China; rather
such smaller parties, as Kumintang Revolutionary Committee, Democratic League, National Construction
Association and various Youth Organizations are allowed to function. Hence, China is a multi-national and multiparty country. In China, the term democratic parties refer to the eight other parties apart from the Chinese
Communist Party. These have developed cooperation with the Chinese Communist Party on different levels,
since the inception of the new order.
24
www.visionias.in
Vision IAS
But, the Communist Party enjoys political monopoly in China, while other parties have merely dejure existence.
Party Organization runs parallel to that of the government. A person holding important position as a public
official is also assigned office within the Party. The Central leadership of the Party is mainly responsible for
chalking out government policies. The importance of any government department cant be assessed keeping in
view merely its legal status, since its role within the Party matters.
5] French Constitution
5.1 Introduction
France is known as Laboratory of Political experiment.

It has a unitary form of government and nature of the government is called as semi-Presidential type
It has some features of Parliamentary system and others of Presidential system
The French Parliament does not have supremacy even in law making. There is a list for which the
legislature can make laws, whereas rest of the matters are taken care of by the President (i.e. he makes
the laws).
This is perhaps the only Democratic Constitution based on the Principle of Supremacy of Executive.
France suffered from political instability. Hence, the Constitution of the 5th Republic provides a strong
President, with a fixed term of 5 years, and he enjoys a lot of powers.
5.2 President
rA
al
on
ti
s
en
cu
do
Th
is
pe
rs
is
ed
fo
je
et
Ya
da
v(
az
ye
ith
gm
ai
l.
The French President is the most powerful within the French system as well as amongst all other
executive across world democracies
Privileges of the Office of the President of US, i.e. security of tenure and being the head of the
Government as well as head of the State is combined with the privileges of the Office of the British P.M.
i.e. power to dissolve the Assembly (which the American President doesnt enjoy)
France has PM as well as President
o French PM, unlike that in India and Britain, is assistant to the President
o There is a division of functions, rather than division of power between the two positions
The French President deals with foreign policy and national concerns
The PM, on the other hand, deals with day to day routine functions of the Government and local
domestic issues
PM is appointed by the President
o The President doesnt have a completely free-hand in PMs election
o The person appointed as PM must enjoy the confidence of the House
Concept of Cohabitation
o A situation where the President and the PM belong to different political parties
PM may choose his cabinet colleagues
None of the members of the Govt. can be a part of the legislature
Cabinet is presided over by the President
The Lower House can pass the Censure Motion against the PM and his CoM, which would imply that
they must resign
The President is elected for a fixed term. Initially the term was 9 years, reduced to 7 years and at present
is 5 years.
They follow Second Ballot system (i.e. absolute majority of the total votes polled is needed)
o The President of the Republic shall be elected by an absolute majority of votes polled: if in the first
round of elections, no person gets absolute majority only the top two candidates remain and the
rest are eliminated. Second round of election takes place, in which one person is able to get the
absolute majority.
co
m
Removal of the President
The President can be impeached on the same ground as the US President. However, the process is
ambiguous.
Article 67 of the Constitution suggests that both the Houses should pass identical motion.
www.visionias.in
Vision IAS
25
After this, the Presidents case will be dealt with by a special body called the High Court of Justice.
This body also trails cases of corruption and conspiracies against the state by government ministries.
Emergency Powers of the President

Article 16 of the Constitution gives the real emergency powers to the President. In this situation he assumes
unlimited powers and it is like democratic dictatorship or democratic coup-detat.
Comparative Analysis of the US and French Presidents
The US President cannot dissolve the Assembly, whereas the French President can do so. The only
limitation is that he cant do so more than twice a year.
Unlike the US President, the French President can assume dictatorial powers under Article 16.
Comparative Analysis of the French President and British P.M.
The British P.M. can remain in office only as long as he enjoys majority in the lower house. The President
of France, on the other hand, is elected for a fixed term.
5.3 The Legislature

The Legislature is clearly subordinate to the Executive in the French system. Article 37 of the Constitution puts
clear limitation on the legislative power of the French Parliament. It mentions that the Parliament can make laws
only on the matters enumerated in the Constitution. On all other matters, the government can make laws by
simple order or decree.
co
m
The President can directly influence the legislative functions of the assembly through the P.M. If the assembly
doesnt agree to a particular bill, it can be given for referendum by the President.
ai
l.
The French Parliament is bicameral, consisting of two houses: National Assembly and the Senate
gm
5.3.1 National Assembly
da
It alone can hold the Government accountable by refusing to grant it confidence or by passing a censure
motion (following the same idea, only the National Assembly can be dissolved by the President of the
Republic).
In the case of disagreement with the Senate, the Government can decide to grant the National Assembly
the final say in the legislative procedure (except for constitutional acts and institutional acts concerning
the Senate);
The Constitution provides the National Assembly with a more important role in the examination of the
finance bill and the social security financing bill. Thus, the tabling for a first reading of such bills must be
before the National Assembly and the time limits granted for their examination are much longer for the
National Assembly.
rA
al
on
cu
en
ti
s
pe
rs
is
ed
fo
je
et
Ya
v(
az
ye
ith
As is the case with other bicameral Parliaments, the French bicameralism is an unequal system since the
National Assembly has much broader powers than those of the Senate:
do
5.3.2 The Senate
Th
is
In contrast to the National Assembly, the Senate cannot be dissolved. The fact that Senate is a permanent body
plays an important role in accounting for the stability of the Government when the post of the French Republics
President falls vacant. Owing to above, its the President of the Senate who is appointed the President of French
Republic if the latter is prevented from doing so, if he falls ill or resigns. Thus, a case of power vacuum is
prevented, in case the Presidents office falls vacant.
This interim is limited to the time needed to organize a presidential election (in practice, it lasts around 50 days).
5.4 Prominent Features of the French Constitution
26
Organic Law: An organic or fundamental law is one that forms the foundation of a government or
organization. A Constitution is a particular form of organic law for a sovereign state. The French
Constitution has certain laws mentioned as organic laws. Laws made by the Parliament and the orders of
the Executive must confirm to the Organic laws. So these laws have to be reviewed by a body known as
www.visionias.in
Vision IAS
the Constitutional Council. It has 9 members three are representatives of the President, three are
representatives of the French National Assembly, and the remaining three are representatives of the
Senate.
High Council of Justice: The purpose is the nomination of the judges. This body is headed by the
President and the members of the Judiciary. The President is also known as the guardian of Judiciary.
Economic and Social Council: Constitutional advisory body on social and economic issues.
5.5 Amendment of the Constitution
Rigid process
Both the Houses of Parliament have to pass a resolution by 3/5th majority.
The President may also choose to refer the amendment to people by referendum.
6] Germanys Constitution
Germany is a federation and the residuary powers in Germany lie with the states.
The states are referred to as Landers.
It has a Parliamentary form of Government, modeled on the British Parliamentary form. But it is not just a
replicate of the system.
Germany is called as Chancellors Democracy.
Chancellor is the PM.
President is the Constitutional Head.

co
m
gm
ai
l.
The Chancellor has a clear-cut superiority over other Ministers.

Chancellor Principle: Chancellor has a privilege to determine the broad policy and other ministers are
expected to act as per these guidelines. While a minister works under these guidelines, he enjoys a lot of
autonomy with respect to his department.
Ya
da
This mechanism ensures the stability of the coalition government.
v(
az
ye
ith
6.1.1 Chancellors Democracy
je
et
6.1.2 Cabinet Principle
ed
fo
rA
It comes into existence only when there is a dispute among different departments. In such a situation decision is
taken collectively.
al
on
rs
The motion of no-confidence against the Chancellor is permitted only when those bringing the notion can
prove that they are in a position to form an alternative government.
This is also to deal with the problems of Hung Assembly (Coalition Government)
en
ti
s
pe
is
6.1.3 Constructive Vote of No-Confidence
The Bundestag
do
is
Th
Germany has two houses:
cu
6.1.4 Parliament
The lower house in the German political system is the Bundestag. Its members are elected for a four-year term.
The method of election is known as Mixed Member Proportional Representation (MMPR), a more complicated
system than First-Past-The-Post (FPTP), but one which gives a more proportional result (a variant of this system
known as the additional member system is used for the Scottish Parliament and the Welsh Assembly).
Manner of Elections
Half of the members of the Bundestag are elected directly from 299 constituencies using the first-past-the post
method of election. The other half another 299 - are elected from the list of the parties on the basis of each
Land (the 16 regions that make up Germany).
This means that each voter has two votes in the elections to the Bundestag:
27
www.visionias.in
Vision IAS
The first vote allows voters to elect their local representatives to the Parliament and decides which
candidates are sent to Parliament from the constituencies.
The second vote is cast for a party list and it is this second vote that determines the relative strengths of
the parties represented in the Bundestag.
The 598 seats are only distributed among the parties that have gained more than 5% of the second votes or at
least 3 direct mandates. Each of these parties is allocated seats in the Bundestag in proportion to the number of
votes it has received.
Reason behind adopting the above Election System

This system is designed to block membership of the Bundestag to small, extremist parties. As a consequence,
there are always a small number of parties with representation in the Bundestag.
Overhang Seat
In addition to the above, there are certain circumstances in which some candidates win what is known as an
Overhang Seat, when the seats are being distributed. This situation occurs if a party has gained more direct
mandates in a Land than it is entitled to, according to the results of the second vote, when it does not forfeit
these mandates because all directly elected candidates are guaranteed a seat in the Bundestag.
Comparative analysis of Bundestag
One striking difference when comparing the Bundestag with the American Congress or the British House of
Commons is the lack of time spent on serving constituents in Germany.
ith
gm
ai
l.
co
m
This is so because:
Only 50% of Bundestag members are directly elected to represent a specific geographical district.
A serving constituency seems not to be perceived, either by the electorate or by the representatives, as
a critical function of the legislator.
There is also a practical constraint on the expansion of constituent service in the form of a limited
personal staff of Bundestag members (especially compared to members of the US Congress).
Ya
da
The upper house in the German political system is the Bundesrat.
v(
az
ye
The Bundestag
Th
is
do
cu
en
ti
s
pe
rs
on
al
is
ed
fo
rA
je
et
At a first glance, the composition of the Bundesrat looks similar to other upper houses in federal states such as
the US Congress, since the Bundestag is a body representing all the German Lander (or regional states).
However, there are two fundamental differences in the German system:
1. Its members are not elected (neither by popular vote nor by the State Parliaments). They are members
of the State Cabinets, which appoint them and can remove them at any time. Normally, a state
delegation is headed by the head of government in the Land, known in Germany as the MinisterPresident.
2. The States are not represented by an equal number of delegates, since the population of the respective
state is a major factor in the allocation of votes (rather than delegates) to each particular Land. The vote
allocation can be approximated as 2.01 + the square root of the Land's population in millions with the
additional limit of a maximum of six votes so that it is consistent with something called the Penrose
method based on game theory. This means that the 16 states have between three and six delegates.
This unusual method of composition provides for a total of 69 votes (not seats) in the Bundesrat. The State
Cabinet may then appoint as many delegates as the state has votes, but is under no obligation to do so; it can
restrict the state delegation even to one single delegate. The number of members or delegates representing a
particular Land does not matter formally, since in stark contrast to many other legislative bodies, the delegates
to the Bundesrat from any one state are required to cast the votes of the state as a bloc (since the votes are not
those of the respective delegate). This means that in practice it is possible (and quite customary) that only one of
the delegates (the Stimmfhrer or "leader of the votes" - normally the Minister-President) casts all the votes of
the respective state, even if the other members of the delegation are present in the chamber.
Even with a full delegate appointment of 69, the Bunsderat is a much smaller body than the Bundestag with over
600 members. It is unusual for the two chambers of a bicameral system to be quite so unequal in size. But the
Bundesrat has the power to veto a legislation that affects the powers of the states.
www.visionias.in
Vision IAS
28
7] Constitution of Japan
Japan has a Parliamentary system of Government.

It has a constitutional Monarchy
o King is more like a Rubber stamp authority while PM is head of the Cabinet
Election of the PM
o PM is elected by both the Houses of Japanese Parliament (called Diet).
o The two houses of the Diet are:
House of Representatives; and
House of Councillors
o It is not enough for a person to be a leader of the majority party. He has to be elected by both the
houses of the Parliament.
If no agreement is reached upon between the two houses on a candidate, then the matter is
taken care of by a Joint Committee of both the houses. The Committee gets 10 days to arrive
upon a decision.
After 10 days, if an agreement cannot be reached, then the will of the lower house prevails.
A significant feature of Japanese Constitution is contained in Article 9.
o Herein, Japan formally renounces the policy of war for the settlement of international disputes.
However, it can keep forces for self-defence.
8] Constitution of Canada
co
m
The Canadian Constitution encompasses a wide set of principles and values that govern key political
relations in the Canadian society.
gm
ai
l.
v(
az
ye
ith
It is the central component of Canadas constitutional framework.

The Constitution Act, 1867 states that executive government and authority in Canada is vested in
the Canadian Monarchy (which Canada shares with Great Britain and some other former British
colonies). The British Queen is the formal head of the state.
o The Act further provides for the offices of the Governor General of Canada (at the federal level)
and Lieutenant Governors (at the provincial level), recognized as the Monarchs representatives in
Canada.
It is important to note, however, that while the written constitution explicitly places executive authority
in the hands of the Monarch and his/her representatives, the unwritten constitutional convention holds
that this authority is actually exercised by the Prime Minister and his/her Cabinet.
is
en
8.1.2 Parliamentary Government
ti
s
pe
rs
on
al
ed
fo
rA
je
et
Ya
da
8.1.1 Constitutional Monarchy
do
cu
The Canadian Constitution also provides for a Parliamentary system of government.
Th
is
Features of Parliamentary Government as given in Constitution Act, 1867:

The Act established a federal Parliament, consisting of the Monarchy and two legislative chambers,
the House of Commons (or Lower House) and the Senate (or Upper House).
The Act further states that the powers and authority of these legislative chambers are to be modeled
upon those found in the British Parliament.
Further, the Act also established legislative chambers at the provincial level.
In addition to the written provisions of the Act, there also exist several unwritten constitution conventions that
are fundamental to the operation of Canadas parliamentary system. These include executive dominance by the
Prime Minister and the Cabinet (at the federal level) and by the Premier and the Cabinet (at the provincial
level), as well as the practice of responsible government.
29
www.visionias.in
Vision IAS
The House of Commons

In the Canadian political system, the lower chamber is the House of Commons, which takes its name from the
lower house in the British political system. The Commons consists of 308 members known as - like their British
counterparts - Members of Parliament (MPs).
Manner of Election
Members are elected by the first-past-the-post system (as in Britain) in each of the country's electoral districts,
which are colloquially known as ridings (known as constituencies in Britain). Seats in the House of Commons are
distributed roughly in proportion to the population of each province and territory, but some ridings are more
populous than others and the Canadian constitution contains some special provisions regarding provincial
representation.
Term and Tenure
The maximum term of MPs is four years, but it is common for a general election to be called earlier.
Powers
As in the British political model, the House of Commons is much the more powerful of the two chambers.
Although all legislation has to be approved by both chambers, in practice the will of the elected House usually
prevails over that of the appointed Senate. The processes and conventions of the Commons reflect very much
those of its British namesake.
The Senate
co
m
In the Canadian political system, the upper chamber is the Senate, which takes its name from the upper house in
the American political system.
ith
gm
ai
l.
The Senate consists of 105 members, appointed by the Governor-General on the advice of the Prime Minister.
Seats are assigned on a regional basis, with each of the four major regions receiving 24 seats, and the remaining
nine seats being assigned to smaller regions.
ye
8.1.3 Federalism
je
et
Ya
da
v(
az
The Constitution also provides for a federal system in Canada, meaning there are two key levels of government:
the federal (or national) government and the provincial (or regional) governments. Canada is a federation with
a strong Centre, wherein residuary powers lie with the Centre.
rs
on
al
is
ed
fo
rA
The Constitution Act, 1867 outlines specific powers and jurisdictions for each of these levels of government, such
as what public policy fields each may legislate in, as well as how each level of the government may raise revenue.
Over the years, these constitutional provisions have been further clarified and evolved by judicial decisions (first
by the British Judicial Committee of the Privy Council, and later by the Supreme Court of Canada).
ti
s
pe
Changes in the nature of Canadian Federalism
cu
en
There have also been several constitutional amendments that have had significant consequences for Canadas
federal system. Over the years there has been a shift towards giving greater powers to the states.
Th
is
do
For example, the Constitution Act, 1930, transferred ownership of natural resources in Western Canada from the
federal government to the Western provinces. Another significant amendment was the Constitution Act, 1982,
which committed the federal government and provinces to ensuring some level of economic and social equality
between Canadian regions. This, in turn, has led to the development of the Equalization Program and the sharing
of public funds between governments.
8.1.4 Judiciary
The Supreme Court of Canada is the highest court and final authority on civil, criminal and constitutional
matters.
The court's nine members are appointed by the Governor-General on the advice of the Prime Minister and the
Minister of Justice. They serve until the age of 75.
Each province operates its own individual court system. The country's legal system is based mainly on English
common law, but in the province of Qubec, it is modelled on French civil law.
30
www.visionias.in
Vision IAS
8.1.5 Rights
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada, which
forms the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian
citizens and civil rights of everyone in Canada. The Charter applies to government laws and actions (including the
laws and actions of federal, provincial, and municipal governments and public school boards), and sometimes to
the common law, but not to private activity.
The courts, when confronted with violations of Charter rights, have struck down as unconstitutional, federal and
provincial statutes and regulations in whole or in part.
9] Constitution of Australia
Australias system of government is founded in the liberal democratic tradition. Based on the values of religious
tolerance, freedom of speech and association, and the rule of law, Australias institutions and practices of
government reflect British and North American models. At the same time, they are uniquely Australian.
Australian federation is modeled on the US federation. For example, residuary powers are with the
states, Governors of the states are elected by the people and formally appointed by the British Queen.
In Australia, there has been a growth of Cooperative Federalism.

9.1.1 Form of Government
ai
l.
co
m
One of the oldest continuous democracies in the world, the Commonwealth of Australia was created in 1901,
when the former British coloniesnow the six statesagreed to federate. The democratic practices and
principles that shaped the pre-federation colonial Parliaments (such as one man, one vote and womens
suffrage) were adopted by Australias first federal government.
v(
az
ye
ith
gm
The Australian Constitution sets out the powers of government in three separate chaptersthe legislature, the
executive and the judiciarybut insists that members of the legislature must also be members of the executive.
In practice, Parliament delegates wide regulatory powers to the executive.
ed
fo
rA
je
et
Ya
da
The popularly elected Parliament consists of two chambers: the House of Representatives and the Senate.
Ministers appointed from these Chambers conduct executive government, and policy decisions are made in
Cabinet meetings. Apart from the announcement of decisions, Cabinet discussions are not disclosed. Ministers
are bound by the principle of Cabinet solidarity, which closely mirrors the British model of Cabinet government
responsible to the Parliament.
cu
9.1.2 Nature of the Constitution
en
ti
s
pe
rs
on
al
is
Although, Australia is an independent nation, Queen Elizabeth II of Great Britain is also formally the Queen of
Australia. The Queen appoints a Governor-General (on the advice of the elected Australian Government) to
represent her. The Governor-General has wide powers, but by convention acts only on the advice of the
ministers on virtually all matters.
Th
is
do
Like the United States, Australia has a written constitution. The Australian Constitution defines the
responsibilities of the federal government, which include foreign relations, trade, defence and immigration.
Governments of the States and territories are responsible for all matters not assigned to the Commonwealth,
and they too adhere to the principles of responsible government. In the States, the Queen is represented by a
Governor for each State.
The High Court of Australia arbitrates on disputes between the Commonwealth and the states. Many of the
courts decisions have expanded the constitutional powers and responsibilities of the federal government.
Procedure of Amendment
The Australian Constitution can be amended only with the approval of the electorate through a national
referendum in which all adults on the electoral roll must participate. A bill containing the amendment must first
be passed by both houses of Parliament, or, in certain limited circumstances, by only one House of Parliament.
Any constitutional change must be approved by a double majoritya national majority of electors as well as a
majority of electors in a majority of the states (at least four of the six). Where any state or states are particularly
www.visionias.in
Vision IAS
31
affected by the subject of the referendum, a majority of voters in those states must also agree to the change.
This is often referred to as the triple majority rule.
The double majority provision makes alterations to the Constitution difficult. Since federation in 1901, only eight
out of 44 proposals to amend the Constitution have been approved. Voters are generally reluctant to support
what they perceive as increases in the power of the federal government. States and territories may also hold
referendums.
9.1.3 Parliament
The government is formed in the House of Representatives by the party able to command a majority in that
chamber.
Minority parties often hold the balance of power in the Senate, which serves as a chamber of review for the
decisions of the government. Senators are elected for six-year terms, and in an ordinary general election only
half the senators face the voters.
In the Australian Parliament, questions can be asked without notice, and there is a strict alternation between
Government and Opposition questions to ministers during the Question Time. The Opposition uses its questions
to pursue the government. Government members give ministers a chance to put government policies and
actions in a favourable light, or to pursue the Opposition.
Anything said in the Parliament can be reported fairly and accurately without fear of a suit for defamation. The
rough-and-tumble of Parliamentary Question Time and debates is broadcast and widely reported. This has
helped in establishing Australias reputation for robust public debate, and serves as an informal check on the
executive power.
9.1.4 Nature of Elections
gm
ai
l.
co
m
A national general election must be held within three years of the first meeting of a new federal Parliament. The
average life of Parliaments is about two-and-a-half years. In practice, general elections are held when the
Governor-General agrees to a request from the Prime Minister, who selects the date of the election.
et
Ya
da
v(
az
ye
ith
The governing party has changed almost every five years on an average, since federation in 1901. The Liberal
Party led a coalition with the longest hold on government23 yearsfrom 1949 to 1972. Prior to World War II,
several governments lasted less than a year, but since 1945 there have been only seven changes in the
government.
rA
je
9.1.5 Voting
al
is
ed
fo
For all citizens over the age of 18 it is compulsory to vote in the election of both federal and state governments,
and failure to do so may result in fine or prosecution.
rs
on
9.1.6 Relations between Levels of Government
en
ti
s
pe
State parliaments are subject to the national Constitution as well as their state constitutions. A federal law
overrides any state law not consistent with it.
Th
is
do
cu
In practice, the two levels of government cooperate in many areas where states and territories are formally
responsible, such as education, transport, health and law enforcement. Income tax is levied federally, and
debate between the levels of governments about access to revenue and duplication of expenditure functions is a
perennial feature of Australian politics. Local government bodies are created by legislation at the state and
territory level.
The Council of Australian Governments (COAG) is a forum to initiate, develop and implement national policy
reforms requiring cooperative action between the three levels of government: national, state or territory, and
local. Its objectives include dealing with major issues by cooperating on structural reform of government and on
reforms to achieve an integrated, efficient national economy and a single national market.
COAG comprises the Prime minister, State Premiers, Chief Ministers of the territories, and the President
of the Australian Local Government Association.
In addition, Ministerial Councils (comprising national, state and territory ministers, and, where relevant,
representatives of local government and of the governments of New Zealand and Papua New Guinea) meet
regularly to develop and implement inter-governmental action in specific policy areas.
www.visionias.in
Vision IAS
32
10] Constitution of Switzerland
The Spirit of Republicanism is a prominent theme of the Swiss Constitution.

Another important feature of the Constitution is its federal features.
Switzerland is known for its direct democracy.
It is hailed as a Dynamic Constitution (features like protection of individual, welfare state et al)
Comparison scheme w.r.t Indian Constitution

Indian Constitution
Executive vested in the President
President elected by electoral college
Party Government
States cannot conclude treaties
Supremacy of Judiciary
No referendum
Swiss Constitution
Executive vested in the Federal Council
Federal Council elected by Federal Assembly
Absent
Cantons can conclude treaties
Judiciary cannot rule invalid a federal law
Referendum possible
Institutions for Direct Democracy:

1. Referendum: It means referring bills for ratification to the people. It is not similar to plebiscite. Plebiscite
means taking opinion of the people on any issue.
2. Initiative: It is a bill initiated by the people and people conveying it to the assembly.
3. Recall: It means calling the representative back at any point of time, if voters are not satisfied by his
work.
co
m
11] Features-wise Constitutional Comparison Scheme

ai
l.
11.1 The Preamble
ye
ith
gm
The Preamble is a brief introductory statement that sets out the guiding purpose and principles of the
document.
Ya
da
v(
az
The language and the structural format of the Preamble of India have been derived from the United States of
America.
je
et
11.2 Written Constitution
al
is
ed
fo
rA
The concept of a written constitution has been taken from USA, which was the first written constitution in the
world. This allows ease of access and revision, as and when required, and also provides immunity to laws form
any arbitrary interference by the government at its free will.
pe
rs
on
11.3 Nominal Head
Th
is
do
cu
en
ti
s
In Britain
The Queen is the Head of the State. As a
Constitutional Monarch, she does not rule the
country, but fulfills important ceremonial and
formal roles with respect to the Government.
In India
The President of India is:
o Head of the state and the first citizen of India.
o S/He is also the formal head of all the three branches
of Indian Democracy - Legislature, Executive and
Judiciary.
o He is also the Supreme Commander of the Indian Armed
Forces
11.4 Cabinet System

Both in India and England:
The Cabinet is the collective decision-making body of the government consisting of the Prime Minister
and his Council of Ministers.
The PM chooses the Cabinet of Ministers, appointed by the head of the state (President in India and
Sovereign in England.)
33
www.visionias.in
Vision IAS
The Cabinet Ministers are at the disposal of PM and can be dismissed at any time on advice of the PM, by the
Head of the State.
11.5 Bicameral System of Parliament

A bicameral Parliament or bicameral legislature is a legislature, which consists of two chambers or houses
In England: There is the House of Commons and House of Lords.
In India: There is Lok Sabha (the House of people) and Rajya Sabha (Council of States).
11.6 Concept of Lower House being more Powerful

In England
House of Lords (the Upper House) is restrained
from any financial bills.
PM loses his post if he loses majority in the
House of Commons.
In India
Money Bills can only be introduced in Lok Sabha
PM loses his post if he loses majority support in lower

house, motion of no confidence can only be introduced in
Lok Sabha.
Upper House can only delay the bills passed in With most of the bills (except CAB), Rajya Sabha cannot
Lower House for a maximum of two reject bills passed in Lok Sabha. It can only delay it for a
parliamentary terms, but cannot reject it.
maximum of 14 days.
11.7 Speaker in the Lower House

In India
The Speaker of the Lok Sabha conducts the business
in the house.
ai
l.
co
m
In England
The Speaker of the House of Commons chairs debates
in the Commons chamber and the holder of this office
is an MP who has been elected by other members of
Parliament.
The Speaker is the chief officer and highest authority
of the House of Commons and must remain politically
impartial at all times. During debates they keep order
and call MPs to speak.
The Speaker also represents the Commons to the
monarch, the Lords and other authorities and chairs
the House of Commons Commission.
v(
az
ye
ith
gm
He/she decides whether a bill is a money bill or a

non- money bill.
pe
rs
on
al
is
ed
fo
rA
je
et
Ya
da
He/she maintains discipline and decorum in the

house and can punish a member for their unruly
behaviour by suspending them.
He/she permits the moving of various kinds of
motions and resolutions like motion of no
confidence, motion of adjournment, motion of
censure and calling attention notice as per the rules
do
cu
11.8.1 Concept of Supreme Court
en
ti
s
11.8 Judiciary Adaptations
Th
is
It was adapted from the United States of America. US was the first country to introduce the highest court of
justice, called the Supreme Court.
As we know, it is an essential requirement for a federal form of government.
11.8.2 Laws on which Supreme Court Function

This has been adopted from the constitution of Japan
Japanese Constitution
The Chief Justice is appointed by Head of the
State-Emperor
The Supreme Court is the highest judicial
authority of the nation
Other judges in the Supreme Court form smaller
benches for court or hearing of cases.
34
Indian Constitution
The Chief Justice is appointed by Head of the StatePresident
The Supreme Court is the highest judicial authority of the
nation
Other judges in the Supreme Court form smaller benches
for court or hearing of cases.
www.visionias.in
Vision IAS
Supreme court mainly acts as an appellate court, Supreme court mainly acts as an appellate court, most
most hearings being appeals and hearings being hearings being appeals and hearings being petitions
petitions against unsatisfactory decisions of against unsatisfactory decisions of lower courts.
lower courts.
11.8.3 Independence of Judiciary and Judicial Review
Independence of the judiciary is the principle that the judiciary should be politically shielded from the
legislative and the executive power. That is, courts should not be subjected to reprehensible influence from
other branches of the government, or from personal or adherent interests.
Judicial review is the doctrine under which legislative and executive actions are subject to review (and
possible invalidation) by the judiciary.
Specific courts with judicial review power must annul the acts of the state when it finds them
incompatible with a higher authority such as the constitution.
Both of these principles are adopted from the constitution of USA.

They are very important to keep a check on the other two branches of the government.
11.8.4 Method of removal of Supreme/High Court Judges

This has been adopted from the Constitution of United States.
Indian Constitution
Impeachment requires an order of the President passed
after an address in each House of Parliament, supported
by a majority of the total membership of that House of not
less than two-thirds of members present and voting, and
presented to the President in the same Session for such
removal on the ground of proved misbehavior or
incapacity.
v(
az
ye
ith
gm
ai
l.
co
m
US Constitution
It varies from state to state where sometimes
recommendation of enquiry committee is
enough, while in some majority support by more
than two-third members of both houses is
required for impeachment of a judge.
Ya
da
11.9 Fundamental Rights
fo
rA
je
et
The purpose of Fundamental Rights is to act as limitations, not only upon the powers of the Executive, but also
upon the power of the Legislature.
al
is
ed
In India
Fundamental rights in the Constitution of India constitute the
longest description in the world.
The right to freedom of: speech, assembly They include:
and religion have been adopted from USSR
Right to Equality (14-18)
Right to Freedom (19)
Right against Exploitation (23-24)
Right to Freedom of Religion (25-28)
Cultural and Educational Rights (29-30)
Right to Constitutional remedies (32-35)
Right to freedom and equality before law are
an adoption from the French rights
Th
is
do
cu
en
ti
s
pe
rs
on
In Other Countries
The concept of fundamental comes from USA.
11.9.1 Suspension of Fundamental Rights during Emergency

This concept of suspension of rights during emergency has been adopted from the Weimar constitution of
Germany.
This is very important as it vests the supreme power in the head of the state- the President.
35
During emergency only 3 rights of the citizens stand valid-Right to Equality, Right to Freedom (in certain
cases) and the Right to Life.
www.visionias.in
Vision IAS
11.10 Fundamental Duties

The fundamental duties of India seem to be an adoption from the Constitutions of Japan, Yugoslavia, Republic of
China as well as the Constitution of Soviet Union (USSR).
Indeed, Japan is the only democratic country to have legally enforceable Fundamental duties.
These have been incorporated in the Indian Constitution to remind every citizen that they should not only be
conscious of their rights, but also of their duties.
11.11 Scheme of Federation

This refers to the Distribution of powers between the centre and the states.
It is very significant in the case of a diverse country like India, to handle the local issues effectively.
This has been done in case of both legislative and administrative powers.
Scheme of federation with a strong Centre
Both the Centre & the states are expected to be co-operative& coordinating institutions, having independence &
ought to exercise their respective powers with mutual-adjustment, respect, understanding & accommodation.
Prevention as well as amelioration of conflicts is necessary. Thus, the Indian-federation was devised with a
strong-centre.
Comparison of Indian Federalism with American Federalism
Indian Constitution
ith
gm
ai
l.
co
m
Indian federation is not the result of an agreement between States.

There is concept of single citizenship for both the States and Union.
Each State sends MPs to the Parliament depending upon the population of the State.
There is no principle of equality between the states.
There are three Lists- Union List-(First List); State List (Second List); and Concurrent List (Third List). The
Parliament can legislate only the subjects of the State List and Concurrent List. The States are not
sovereign. The Union can encroach upon States Lists.
No State can secede from Territory of India.
The Parliament, i.e. Center has residuary powers.
There is only one Constitution for Union and States.
India achieved uniformity in basic civil and criminal laws, except personal laws in some matters.
The Indian Union is an indestructible Union of destructible States. The area, identity of a state can be
changed by Parliament. The States are destructible. But the Union cannot be changed. The Union is
indestructible.
The Central Government has the power to form a new State, to increase the area of any State, to
diminish the area of any State; to alter the boundaries of any State; to alter the name of any State; and
to form a new State by separation of territory from any State or by uniting two or more States or parts of
States or by uniting any territory to be a part of any State(Article 3).
The word Federal is not at all used in our Constitution. The framers described simply Union.
The Supreme Court has been given very wide powers, including appellate (Civil and criminal) jurisdiction.
No referendum is necessary. For the amendment of the Constitution, the people need not give their
consent. It is sufficient to get the majority of MPs, and in certain cases, the majority of the State
legislatures.
da
Ya
et
je
rA
fo
ed
pe
is
Th
12.
13.
14.
do
cu
en
ti
s
11.
rs
on
al
is
6.
7.
8.
9.
10.
v(
az
ye
1.
2.
3.
4.
5.
American Constitution
1.
2.
3.
4.
5.
36
American Federation is the result of an agreement between States.

There are dual citizenships- one Federal Citizenship and another State Citizenship.
Each State sends equal number of representatives to the Senate.
There is principle of equality between the States, irrespective of its population, extent etc.
There is a clear division of legislative powers between the Federal Govt. and the Units. The Union as well
as each Unit is sovereign in its sphere. The Union and the units are sovereign in their respective
www.visionias.in
Vision IAS
6.
7.
8.
9.
10.
11.
12.
legislative fields. One cannot strictly trench upon the others area of power. Each is confined to its own
sphere.
The State, if wants, can theoretically separate itself from the Federal, the relation being based only an
Agreement .Hence, it is said that the American Union is a destructible Union of indestructible States.
The States have residuary powers.
There are two Constitutions.
There are different civil and criminal laws, differing from State to State.
The word Federal is used in the Constitution very often.
The Supreme Court of America has not been given appellate jurisdiction of the same kind as the
Supreme Court in India.
For the amendment of Federal Constitution, a referendum must be conducted. Amendment to the
Constitution can be made only with the consent of the people.
11.12 Freedom of Trade and Commerce

Australia
There is a free trade clause under Section 92 of the
Australian Constitution, which provides that on the
imposition of uniform duties of customs, trade,
commerce and intercourse among the States whether
by means of internal
carriage or ocean navigation shall be absolutely free.
India
Article 301 containing the free trade clause in Indian
constitution has been taken almost verbatim from
section 92 of the Australian constitution
gm
ai
l.
co
m
The court considered that legislature should be

given more powers than judiciary and all trade and
commerce activities were subjected to reasonable
restrictions, imposed by the State as mentioned in
the constitution
ye
ith
Advantages of this adoption
Ya
da
v(
az
Free movement and exchange of goods throughout the territory of the country is essential for the economic
unity of the nation
ed
fo
rA
je
et
Therefore, in all federations, an attempt is made through constitutional provisions to prevent local barriers to
economic activity, to remove the impediments in the way of inter-state trade and commerce and thus to make
the country as one in economic resources.
pe
rs
on
11.13 Directive Principles of State Policy
al
is
Thus, the base of freedom of trade and commerce was adopted from Australian Constitution with amendments.
en
ti
s
These are principles laid down to create social and economic conditions under which citizens can live a good life.
do
cu
In India, the Directive Principles of State policy have been adopted verbatim from the Constitution of Ireland.
The DPSP of Ireland were in turn adopted from Spain.
Th
is
11.14 Election of Members by the President

The upper house in India consists of 250 members from which 12 are nominated by the Nominal head-the
President of the country for their exemplary work in their respective fields.
This saves these members from the turmoil of election
This system has been adopted from the constitution of Ireland.
37
www.visionias.in
Vision IAS
Complete Overview of the adaptations in Chart form

Following are the borrowed features of constitution from different countries.
Nominal Head President (like Queen)
Cabinet System of Ministers
Post of PM
Parliamentary Type of Govt.
Bicameral Parliament
Lower House more powerful
Council of Ministers responsible to Lowe House
Speaker in Lok Sabha
Written Constitution
Executive head of state known as President and his being the Supreme
Commander of the Armed Forces
Vice- President as the ex-officio Chairman of Rajya Sabha
Fundamental Rights
Supreme Court
Provision of States
Independence of Judiciary and judicial review
Preamble
Removal of Supreme court and High court Judges
From USSR
Fundamental Duties
Five year Plan
From AUSTRALIA
Concurrent list
Language of the preamble
Provision regarding trade, commerce and intercourse
From JAPAN
Law on which the Supreme Court function
From WEIMAR CONSTITUION

OF GERMANY
Suspension of Fundamental Rights during the emergency
Scheme of federation with a strong centre

Distribution of powers between centre and the states and placing.
Residuary Powers with the centre
Concept of Directive Principles of States Policy(Ireland borrowed it

from SPAIN)
Method of election of President
Nomination of members in the Rajya Sabha by the President.
co
m
ai
l.
gm
ith
ye
fo
ed
is
rs
pe
ti
s
Th
is
do
cu
en
From IRELAND
on
al
From CANADA
rA
je
et
Ya
da
From U.S.
v(
az
From U.K.
Copyright by Vision IAS

All rights are reserved. No part of this document may be reproduced, stored in a retrieval system or
transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise,
without prior permission of Vision IAS
38
www.visionias.in
Vision IAS

Comparison of Constitution

Загружено:

Сведения о документе

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

Comparison of Constitution

Загружено:

Авторское право:

Доступные форматы

VISIONIAS

COMPARISON OF THE INDIAN CONSTITUTIONAL SCHEME WITH THAT OF

4.1 Salient Features of the Constitution..........................................................................................................................20

5] French Constitution .................................................................................................................................................... 25

6] Germanys Constitution .............................................................................................................................................. 27

6.1 Salient Features .........................................................................................................................................................27

9.1.2 Nature of the Constitution ....................................................................................................................................... 31

11.1 The Preamble ..........................................................................................................................................................33

Copyright by Vision IAS

2.1.4 Unitary vs. Federal Features

2.1.5 Parliamentary Executive

2.1.6 Sovereignty of Parliament

2.1.7 Role of Conventions

However, the legal status of conventions is subordinate to the written law.

2.1.8 Rule of Law

Protection from arbitrary arrest and the opportunity to defend oneself.

2.1.9 Independence of Judiciary

2.2 Organs of the State

Crown: King is dead. Long live the King.

Representing UK at home and abroad

In addition, consider the following:

Parliamentary system requires two heads:

Approving policy (major policy making body)

British Prime Minister

1. Position of the Prime Minister

P.M. as moon among stars:

Difference between the British and Indian PM

Bureaucracy in Britain is generalist

Essential differences between the two systems:

Comparison between the House of Lords and Senate of USA

Introduction of Life Peers

Changing the title, as it is non-democratic

The House of Commons

Features of British Speaker

US Speaker (Speaker of House of Representatives)

Speaker of Lok Sabha

It is not necessary for the Speaker to resign from his party

Of interpreting the precise meaning of a statute.

Comparison between the Indian and British Judiciary

Brief Synopsis of comparison drawn above:

Product of history and the result of evolution

Comparison between British Monarch and Indian President

Comparison between British Monarch and the US President

3] Constitution of the United States of America

3.1 Salient Features

3.1.1 Nature of the Constitution

3.1.2 Nature of Federalism

Dual Federation (USA) both the Centre and

Cooperative Federation (India) Interdependence of Centre

3.1.3 Form of Government

India has adopted a Parliamentary form of government.

3.2.2 Election of the President

The voters vote for the members of the Electoral College

3.2.3 Functions of the President of USA

3.2.4 Legislative Proposals

3.2.5 Date of Retirement and Oath

Primaries are elections to select the candidate

3.2.7 Impeachment of the President of USA

Some terms of the US Constitution

3.3 Vice President

3.3.2 Tenure of a Vice President as a President

3.3.3 Functions of the Vice President of USA

Ex-officio chairperson of Senate and has casting vote

3.4 US Legislature/US Congress